Regulations, Vol. 42 Iss. 7 Nov 17, 2025

TITLE 4. CONSERVATION AND NATURAL RESOURCES

DEPARTMENT OF CONSERVATION AND RECREATION

Final Regulation

REGISTRAR'S NOTICE: The Department of Conservation and Recreation is claiming an exemption from Article 2 of the Administrative Process Act in accordance with § 2.2-4006 A 1 of the Code of Virginia, which excludes agency orders or regulations fixing rates or prices. The Department of Conservation and Recreation will receive, consider, and respond to petitions by any interested person at any time with respect to reconsideration or revision.

Title of Regulation: 4VAC5-36. Standard Fees for Use of Department of Conservation and Recreation Facilities, Programs, and Services (repealing 4VAC5-36-10 through 4VAC5-36-220).

Statutory Authority: § 10.1-104 of the Code of Virginia.

Effective Date: December 17, 2025.

Agency Contact: Lisa McGee, Policy and Planning Director, Department of Conservation and Recreation, 600 East Main Street, 24th Floor, Richmond, VA 23219, telephone (804) 786-4378, fax (804) 786-6141, or email lisa.mcgee@dcr.virginia.gov.

Summary:

The action repeals Standard Fees for Use of Department of Conservation and Recreation Facilities, Programs, and Services (4VAC5-36). The Director of the Department of Conservation and Recreation has statutory authority for fee oversight. Repealing the regulation aligns agency practice and regulation with statutory mandates. The fees will be available for the public on the department website.

TITLE 4. CONSERVATION AND NATURAL RESOURCES

MARINE RESOURCES COMMISSION

Final Regulation

REGISTRAR'S NOTICE: The Marine Resources Commission is claiming an exemption from the Administrative Process Act in accordance with § 2.2-4006 A 11 of the Code of Virginia; however, the commission is required to publish the full text of final regulations.

Title of Regulation: 4VAC20-650. Establishment of Oyster Sanctuary Areas (amending 4VAC20-650-20).

Statutory Authority: § 28.2-201 of the Code of Virginia.

Effective Date: October 31, 2025.

Agency Contact: Zachary Widgeon, Director of Communications, Marine Resources Commission, 380 Fenwick Road, Building 96, Fort Monroe, VA 23651, telephone (757) 247-2200, fax (757) 247-2002, or email zachary.widgeon@mrc.virginia.gov.

Summary:

The amendments clarify that the Marine Resources Commission, not the Conservation and Replenishment Department, provides "no harvesting" signs for constructed oyster reef sanctuary areas.

4VAC20-650-20. Oyster sanctuary areas.

The following oyster sanctuary areas are established:

1. The Wreck Shoals-James River Oyster Sanctuary Area~~, consisting~~ - Consisting of all public oyster grounds, with a boundary defined as: beginning at James River Channel Marker 6; thence westerly to James River Channel Marker 10A; thence northeasterly to a point at ~~Lat.~~ latitude 37° ~~04' 24"~~ 04.4000000' N. ~~Long.~~, longitude 76° ~~34' 39"~~ 34.6500000' W.; thence southeasterly to a point at ~~Lat.~~ latitude 37° ~~04' 02"~~ 04.0333333' N., ~~Long.~~ longitude 76° ~~34' 06"~~ 34.1000000' W.; thence southeasterly to James River Channel Marker 6, the point of beginning.

2. Smith Island Sanctuary - Beginning at a point in Smith Island Bay near the western shore of Smith Island, said point being approximately 9,900 feet north-northwest of the Cape Charles Light House and the northern most point on Ballard Fish and Oyster Co., Inc. oyster lease, plat 16613, said point being corner 85, having NAD 83 Geographic Coordinates of 37° 08.3987390' N., 75° 54.0094551' W.; thence in a northeasterly direction along the inshore oyster lease line of Thomas J. O'Conner, III, plat 17720, to corner 106, 37° 08.5079488' N., 75° 53.9121013' W.; thence northeasterly to corner 107, 37° 08.5406502' N., 75° 53.8494541' W.; thence east-northeasterly to corner 207, 37° 08.5420829' N., 75° 53.8281776' W.; thence east-northeasterly along the inshore oyster lease line of Mark R. Heath, plat 17721, to corner 108, 37° 08.5446005' N., 75° 53.7907806' W.; thence north-northeasterly to corner 109, 37° 08.5895883' N., 75° 53.7864524' W.; thence northeasterly to corner 110, 37° 08.6921483' N., 75° 53.6226465' W.; thence northeasterly to corner 111, 37° 08.7546771' N., 75° 53.4568175' W.; thence northeasterly to corner 112, 37° 08.7754748' N., 75° 53.3619827' W.; thence southeasterly along the inshore oyster lease line of H. M. Terry Co., Inc. to corner 18, 37° 08.7544364' N., 75° 53.3207742' W.; thence southeasterly to corner 17, 37° 08.7306590' N., 75° 53.2980718' W.; thence southeasterly to corner 16, 37° 08.6251318' N., 75° 53.1579039' W.; thence easterly to corner 15, 37° 08.6225028' N., 75° 53.1025432' W.; thence north-northeasterly to corner 14, 37° 08.6626612' N., 75° 53.0854858' W.; thence northwesterly to corner 153, 37° 08.6768312' N., 75° 53.1394736' W.; thence along the inshore oyster lease line of Daniel Scott Long, plat 16802, northeasterly to corner 152, 37° 08.7156785' N., 75° 53.0819599' W.; thence northeasterly to corner 151, 37° 08.8330482' N., 75° 52.7283538' W.; thence, south-southeasterly onto Smith Island to corner 1, 37° 08.4630004' N., 75° 52.6679990' W.; thence, southwesterly to corner 2, 37° 07.9690002' N., 75° 53.0919992' W.; thence southwesterly to corner 3, 37° 07.9080005' N., 75° 53.4390002' W.; thence southwesterly to corner 4, 37° 07.7800009' N., 75° 53.6839996' W.; thence southwesterly to corner 5, 37° 07.6540002' N., 75° 54.3200009' W.; thence southwesterly to corner 6, 37° 07.3169996' N., 75° 54.6700007' W.; thence northwesterly, off shore, to corner 170 of Mark R. Heath's oyster lease, plat 17456, 37° 07.3524313' N., 75° 54.6976587' W.; thence along the inshore line of said parcel, northwesterly to corner 169, 37° 07.3528695' N., 75° 54.7176135' W.; thence north-northeasterly to corner 168, 37° 07.4495084' N., 75° 54.7100342' W.; thence northeasterly to corner 92, 37° 07.5477653' N., 75° 54.5615711' W.; thence northeasterly along the inshore oyster lease line of Ballard Fish and Oyster Co., Inc., plat 16613, to corner 91, 37° 07.6416382' N., 75° 54.4402745' W.; thence northeasterly to corner 90, 37° 07.6890220' N., 75° 54.3527929' W.; thence northeasterly to corner 89, 37° 07.7661702' N., 75° 54.0839677' W.; thence northeasterly along the inshore oyster lease line of Henry S. Jones, Jr., plat 19450, to corner 254, 37° 07.7879690' N., 75° 53.9324560' W.; thence northerly to corner 253, 37° 07.8109207' N., 75° 53.9343385' W.; thence westerly to corner 252, 37° 07.8094111' N., 75° 53.9916726' W.; thence north-northwesterly to corner 251, 37° 07.8582020' N., 75° 53.9962243' W.; thence west-southwesterly to corner 250, 37° 07.8535649' N., 75° 54.0512576' W.; thence northwesterly to corner 249, 37° 07.9116397' N., 75° 54.0935389' W.; thence westerly to corner 248, 37° 07.9113922' N., 75° 54.0976427' W.; thence north-northwesterly along the inshore oyster lease line of Ballard Fish and Oyster Co., Inc., plat 16613, to corner 88, 37° 08.0660474' N., 75° 54.1122194' W.; thence northeasterly to corner 87, 37° 08.1821017' N., 75° 54.0516546' W.; thence north-northeasterly to corner 86, 37° 08.2555945' N., 75° 54.0483544' W.; thence north-northeasterly to corner 85, 37° 08.3987390' N., 75° 54.0094551' W., said point being the point of beginning.

3. Cobb Island Oyster Sanctuary - Beginning at a point in Cobb Bay, near the western shore of Cobb Island and being the southern most point of the oyster lease of John R. Mariner, plat 16866, corner 355, said corner having NAD 83 Geographic Coordinates of 37° 19.3528688' N., 75° 45.9182774' W.; thence northeasterly along the inshore line of said oyster lease to corner 354, 37° 19.4051876' N., 75° 45.8386060' W.; thence northeasterly to corner 353, 37° 19.5182900' N., 75° 45.6662561' W.; thence northeasterly to corner 352, 37° 19.6443229' N., 75° 45.5201098' W.; thence southeasterly to a point on Cobb Island, corner 5, 37° 19.2960000' N., 75° 45.3319992' W.; thence southwesterly to corner 6, 37° 19.2109998' N., 75° 45.4150006' W.; thence southwesterly to a point west of Cobb Island, corner 7, 37° 18.9289998' N., 75° 45.5570001' W.; thence southwesterly to corner 8, 37° 18.8050003' N., 75° 45.7710008' W.; thence southwesterly to corner 9, 37° 18.2650004' N., 75° 46.3249991' W.; thence southwesterly to corner 10, 37° 18.1689997' N., 75° 46.6559996' W.; thence northerly to corner 11, 37° 18.6160000' N., 75° 46.6279994' W.; thence northeasterly to corner 12, 37° 18.7500009' N., 75° 46.5019997' W.; thence northeasterly to the western most point of the oyster lease of J. Steve McCready, plat 16371, corner 90, 37° 18.8870550' N., 75° 46.1567968' W.; thence southeasterly along the lease line to corner 89, 37° 18.8653681' N., 75° 46.1241425' W.; thence southeasterly along the oyster lease line of R&C Seafood, plat 16986 to corner 374, 37° 18.7448511' N., 75° 46.0512077' W.; thence northeasterly to corner 373, 37° 18.9339657' N., 75° 45.7191531' W.; thence northeasterly to corner 372, 37° 18.9858220' N., 75° 45.6864128' W.; thence northwesterly to corner 355, 37° 19.3528688' N., 75° 45.9182774' W., said point being the point of beginning.

4. Boxtree Oyster Sanctuary - Beginning at a point in Boxtree Creek, said point being the eastern most point on the oyster lease of Edwin E. Brady and Marion Brady, Jr., plat 16344, corner 7, said corner having NAD 83 Geographic Coordinates of 37° 23.7990757' N., 75° 51.5561984' W.; thence southeasterly to corner 2, 37° 23.6849997' N., 75° 51.4280006' W.; thence southerly to a point in Ramshorn Bay, corner 3, 37° 23.5570008' N., 75° 51.4309991' W.; thence southeasterly to corner 4, 37° 23.5009994' N., 75° 51.3100008' W.; thence southeasterly to corner 5, 37° 23.4050000' N., 75° 51.2529994' W.; thence southwesterly to corner 6, 37° 22.8749994' N., 75° 51.5500012' W.; thence westerly to a point on shore, corner 8, 37° 22.9039994' N., 75° 52.3000000' W.; thence northeasterly to corner 7, 37° 23.7990757' N., 75° 51.5561984' W., said point being the point of beginning.

5. Parramore Island Sanctuary - Beginning at a point, corner 1, in Swash Bay, near the western shore of Parramore Island, being approximately 1,550 feet northeast of the northern most point of the oyster lease of John Barr, plat 19331, said corner having NAD 83 Geographic Coordinates of 37° 32.7759991' N., 75° 39.1639995' W.; thence in a east-southeasterly direction, onto Parramore Island, to corner 2, 37° 32.7529993' N., 75° 39.0129998' W.; thence south-southeasterly to, a point on shore, corner 3, 37° 32.2970002' N., 75° 39.0090007' W.; thence northwesterly, off shore, to corner 4, 37° 32.3579996' N., 75° 39.1610007' W.; thence north-northwesterly to corner 1, 37° 32.7759991' N., 75° 39.1639995' W., said point being the point of beginning.

6. Hillcrest Oyster Sanctuary - Beginning at a point in Brockenberry Bay, on the south side of the entrance channel to Oyster Slip and approximately 139 feet south-southwest of Day Marker 14, said point being corner 1, having NAD 83 Geographic Coordinates of 37° 17.3320003' N., 75° 55.1269999' W.; thence southeasterly to corner 2, 37° 17.2680001' N., 75° 54.8050006' W.; thence east-northeasterly to corner 3, 37° 17.3050000' N., 75° 54.5899996' W.; thence northeasterly to corner 4, 37° 17.4090006' N., 75° 54.5039998' W.; thence northeasterly to corner 5, 37° 17.5909997' N., 75° 54.4389995' W.; thence northeasterly to corner 6, 37° 17.7330004 'N., 75° 54.2999997' W.; thence south-southeasterly to corner 7, 37° 17.5039998' N., 75° 54.0680001' W.; thence south-southeasterly to corner 8, 37° 17.3660002' N., 75° 53.9980006' W.; thence south-southeasterly to corner 9, 37° 16.8299992' N., 75° 53.9940006' W.; thence south-southwesterly to corner 10, 37° 16.4400007' N., 75° 54.0729995' W.; thence northwesterly to corner 11, 37° 16.6400008' N., 75° 54.3490009' W.; thence west-northwesterly to corner 12, 37° 16.7200007' N., 75° 54.5290004' W.; thence west-southwesterly to corner 13, 37° 16.7550008' N., 75° 55.1040003' W.; thence west-southwesterly to corner 14, 37° 16.7039996' N., 75° 55.6450007' W.; thence northeasterly to corner 15, 37° 17.0609995' N., 75° 55.0360003' W.; thence northeasterly to corner 16, 37° 17.1370004' N., 75° 54.9509998' W.; thence northwesterly to corner 17, 37° 17.2660006' N., 75° 55.0820004' W.; thence west-southwesterly to corner 18, 37° 17.2610009' N., 75° 55.2330009' W.; thence northerly to corner 19, 37° 17.2979996' N., 75° 55.2310007' W.; thence northeasterly to corner 1, 37° 17.3320003' N., 75° 55.1269999' W., said point being the point of beginning.

7. All constructed oyster reef sanctuary areas marked by a "no harvesting" sign provided by the ~~Conservation and Replenishment Department~~ Marine Resources Commission.

TITLE 4. CONSERVATION AND NATURAL RESOURCES

MARINE RESOURCES COMMISSION

Final Regulation

REGISTRAR'S NOTICE: The Marine Resources Commission is claiming an exemption from the Administrative Process Act in accordance with § 2.2-4006 A 11 of the Code of Virginia; however, the commission is required to publish the full text of final regulations.

Title of Regulation: 4VAC20-720. Pertaining to Restrictions on Oyster Harvest (amending 4VAC20-720-15, 4VAC20-720-20, 4VAC20-720-30, 4VAC20-720-40, 4VAC20-720-60, 4VAC20-720-70).

Statutory Authority: § 28.2-201 of the Code of Virginia.

Effective Date: October 31, 2025.

Agency Contact: Zachary Widgeon, Director of Communications, Marine Resources Commission, 380 Fenwick Road, Building 96, Fort Monroe, VA 23651, telephone (757) 247-2200, fax (757) 247-2002, or email zachary.widgeon@mrc.virginia.gov.

Summary:

The action establishes the 2025-2026 areas of public oyster harvest, public oyster harvest seasons, and oyster resource conservation measures. Specifically, the amendments (i) expand harvest areas and establish season dates for public oyster harvest areas, adding seven harvest areas; (ii) adopt more flexible gear measures; (iii) establish an exemption for Oyster User Fee transfers; and (iv) change the time-of-day harvest restrictions during the month of May.

4VAC20-720-15. Control date, license moratorium, transferability, and agents.

A. The Marine Resources Commission (commission) hereby establishes July 1, 2014, as the control date for management of all public oyster fisheries in Virginia. Participation by any individual in any public oyster fishery after the control date may not be considered in the calculation or distribution of oyster fishing rights should entry limitations be established. Any individual entering the public oyster fishery after the control date will forfeit any right to future participation in the public oyster fishery should further entry limitations be established by the commission.

B. Only individuals who have paid the oyster resource user fee described in clause (ii) of subsection A of § 28.2-541 of the Code of Virginia in any year from 2013 through 2016 may pay that fee in 2017 for harvest of oysters from public ground in that year. In any year following 2017, eligibility to pay the oyster resource user fee described in clause (ii) of subsection A of § 28.2-541 of the Code of Virginia shall be limited to those individuals who paid the oyster resource user fee for harvest of oysters from public ground in the previous year.

C. Should the number of people eligible to pay the oyster resource user fee described in clause (ii) of subsection A of § 28.2-541 of the Code of Virginia in any given year fall below 600, a random drawing shall be held to award eligibility to pay that oyster resource user fee to individuals who were not previously eligible until the number of persons eligible to pay the fee reaches 600. Any Commercial Fisherman Registration Licensee may apply for the random drawing.

D. Any person eligible to pay the oyster resource user fee described in clause (ii) of subsection A of § 28.2-541 of the Code of Virginia, or such person's legal representative, may transfer the eligibility to pay such user fee to:

1. A transferee who is the transferor's spouse, sibling, parent, child, grandparent, or grandchild and who possesses a current Commercial Fisherman Registration License and intends to participate in the public oyster fishery.

2. A transferee other than a person described in subdivision 1 of this subsection if the transferor has paid the oyster resource user fee described in clause (ii) of subsection A of § 28.2-541 of the Code of Virginia for the previous five consecutive calendar years and has satisfied one of the following conditions:

a. Has oyster harvest documented by the Marine Resources Commission's mandatory harvest reporting system and buyers' reports in a minimum of three of the previous five calendar years; or

b. Has a Commissioner of ~~the~~ Marine Resources-approved documented medical hardship, is in active military service, or is deceased.

The Commissioner of Marine Resources or the commissioner's designee may grant exceptions to this subsection for individuals eligible for the oyster resource user fee that are unable to fully meet the transfer requirements due to hardship. All transfers under this subsection shall be documented on a form provided by the Marine Resources Commission.

E. Exceptions to subsection B of this section shall only apply to those individuals who previously paid the oyster resource user fee described in clause (ii) of subsection A of § 28.2-541 of the Code of Virginia and shall be based on documented medical hardships or active military ~~leave~~ service that prevented the ~~fisherman~~ individual from fully satisfying the requirements of subsection B of this section. The Commissioner of ~~the~~ Marine Resources, in consultation with the Shellfish Management Division, shall have final authority of approval or denial concerning such medical hardship or active military ~~leave~~ service exception requests.

F. No person shall serve as an agent for any public oyster gear licensee.

4VAC20-720-20. Definitions.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Aid to navigation" means any public or private day beacon, lighted channel marker, channel buoy, lighted channel buoy, or lighthouse that may be at, or adjacent to, any latitude and longitude used in area descriptions.

"Beasley Bay Area" means that portion of Pocomoke and Tangier Sound Rotation Area 2 in the Pocomoke Sound east of a line that begins at a point located off the north end of Russell Island at Latitude 37° 48.4715943' N., Longitude 75° 46.9955932' W.; thence northerly to an end at Long Point at Latitude 37° 53.8568300' N., Longitude 75° 45.3632100' W.

"California Rock Area" means that portion of Pocomoke and Tangier Sound Rotation Area 2 in the Tangier Sound south of a line that begins at a point located approximately 1.6 miles east of East Point Marsh at Latitude 37° 50.4093779' N., Longitude 75° 56.5165564' W.; thence due east to an end at a point at Latitude 37° 50.4093779' N., Longitude 75° 53.6926361' W.

"Chesapeake Bay Patent Tong Area" means all public grounds and unassigned grounds in that area of the Chesapeake Bay, including the Deep Rock Area, bounded by a line beginning at the southeastern corner of the Upper Chesapeake Bay - Blackberry Hangs Area, at a point located at Latitude 37° 49.4231463' N., Longitude 76° 13.1972058' W.; thence southerly to the northeastern-most corner of the Deep Rock Area at a point located at Latitude 37° 32.2712826' N., Longitude 76° 11.4813655' W.; thence southerly to the southeastern-most point at the corner of Public Ground 6 of Mathews Counts, located at Latitude 37° 23.2914687' N., Longitude 76° 11.7129870' W.; thence southerly to Plum Tree Point, located at Latitude 37° 07.634478' N., Longitude 76° 17.4847488' W.; thence northwesterly, following the western boundaries of public grounds in and in the vicinity of the Poquoson Flats, Poquoson River, Chisman Creek, and Back River, to Tue Point, at the mouth of the York River, located at Latitude 37° 13.7353263' N., Longitude 76° 23.1214137' W.; thence northeasterly to New Point Comfort Light, located at Latitude 37° 18.0444793' N., Longitude 76° 16.5883654' W.; thence northerly, following the inshore western boundary of public clam ground 906 and 905 in Mathews County to a point located at Latitude 37° 22.8921535' N., Longitude 76° 14.8393041' W.; thence northerly to the southwestern-most corner of the Deep Rock Area, located at Latitude 37° 28.1475258' N., Longitude 76° 15.8185669' W.; thence northerly following the boundary of the Deep Rock Area to Cherry Point, located at Latitude 37° 30.9790359’ N., Longitude 76° 17.6755365' W.; thence westerly to Stove Point, located at Latitude 37° 31.4971000' N., Longitude 76° 19.8766986' W.; thence following the shoreline north and northeasterly to Stingray Point, located at Latitude 37° 33.5324634' N., Longitude 76° 17.8232983' W.; thence northeasterly to the eastern-most corner of Rappahannock Rotation Area 1, located at Latitude 37° 34.329127' N., Longitude 76° 15.8396537' W.; thence northerly to a point east of Windmill Point, located at Latitude 37° 36.9479925' N., Longitude 76° 16.5064757' W.; thence northerly to Hughlett Point, located at Latitude 37° 43.7775644' N., Longitude 76° 18.0814988' W.; thence northerly to the northeastern corner of Public Ground 28 of Northumberland County, located at Latitude 37° 46.38727361' N., Longitude 76° 18.235200' W.; thence easterly to the southeastern corner of Great Wicomico Rotation Area 2, located at Latitude 37° 46.6609063' N., Longitude 76° 15.9799327' W.; thence north to boundary line between Great Wicomico Rotation Area 1 and 2, located at Latitude 37° 48.2078168' N., Longitude 76° 15.9799324' W.; thence northerly to the southwestern corner of Upper Chesapeake Bay - Blackberry Hangs Area, located at Latitude 37° 50.0560555' N., Longitude 76° 15.0023233' W.; thence easterly to the southeastern corner of the Upper Chesapeake Bay - Blackberry Hangs Area, at point, located at Latitude 37° 49.4231463' N., Longitude 76° 13.1972058' W., which is the point of beginning.

"Clean culled oyster" means any oyster taken from natural public beds, rocks, or shoals that is three inches or greater in shell length.

"Coan River Area" means the Public Grounds within the Coan River consisting of Public Grounds 77 and 78 of Northumberland County described as:

Public Ground 77 of Northumberland County is located near the mouth of the Coan River, beginning at a point approximately 2,300 feet northeast of Honest Point and 1,300 feet southwest of Travis Point, said point being Corner 1, located at Latitude 37° 59.5257207' N., Longitude 76° 27.8810639' W.; thence southwesterly to Corner 2, Latitude 37° 59.3710259' N., Longitude 76° 27.9962148' W.; thence southwesterly to Corner 3, Latitude 37° 59.2953830' N., Longitude 76° 28.0468953' W.; thence northwesterly to Corner 4, Latitude 37° 59.3350863' N., Longitude 76° 28.0968837' W.; thence northeasterly to Corner 5, Latitude 37° 59.3965161' N., Longitude 76° 28.0287342' W.; thence northwesterly to Corner 6, Latitude 37° 59.4758507' N., Longitude 76° 28.1112280' W.; thence north-northwesterly to Corner 7, Latitude 37° 59.5079401' N., Longitude 76° 28.1230058' W.; thence northeasterly to Corner 8, Latitude 37° 59.5579153' N., Longitude 76° 27.9889429' W.; thence southeasterly to Corner 1, ~~said corner being~~ which is the point of beginning.

Public Ground 78 of Northumberland County is located near the mouth of the Coan River, beginning at a point approximately 3,420 feet southeast of Travis Point and 3,260 feet northwest of Great Point, said point being Corner 1, located at Latitude 37° 59.4822275' N., Longitude 76° 27.1878637' W.; thence southeasterly to Corner 2, Latitude 37° 59.3824046' N., Longitude 76° 27.1088650' W.; thence southwesterly to Corner 3, Latitude 37° 59.2283287' N., Longitude 76° 27.8632901' W.; thence northeasterly to Corner 4, Latitude 37° 59.4368502' N., Longitude 76° 27.6868001' W.; thence continuing northeasterly to Corner 5, Latitude 37° 59.5949216' N., Longitude 76° 27.5399436' W.; thence southeasterly to Corner 1, ~~said corner being~~ which is the point of beginning.

"Corrotoman Hand Tong Area" means all public grounds in that area of the Corrotoman River and its tributaries north of a line beginning at Bar Point at Latitude 37° 41.65256000' N., Longitude 76° 28.66195000' W.; thence easterly to Black Stump Point at Latitude 37° 41.7360900' N., Longitude 76° 28.1212200' W.

"Deep Rock Area" means all public grounds and unassigned grounds, in that area of the Chesapeake Bay near Gwynn Island, beginning at Cherry Point at the western-most point of the eastern headland of Kibble Pond located at Latitude 37° 30.9802148' N., Longitude 76° 17.6764393' W.; thence northeasterly to the Piankatank River, Flashing Green Channel Light "3", Latitude 37° 32.3671325' N., Longitude 76° 16.7038334' W.; thence east-southeasterly to the Rappahannock River Entrance Lighted Buoy G"1R", Latitude 37° 32.2712833' N., Longitude 76° 11.4813666' W.; thence southwesterly to the southern-most point of Sandy Point, the northern headland of "The Hole in the Wall", Latitude 37° 28.1475258' N., Longitude 76° 15.8185670' W.; thence northwesterly along the Chesapeake Bay mean low water line of the barrier islands of Milford Haven, connecting headland to headland at their eastern-most points, and of Gwynn Island to the western-most point of the eastern headland of Kibble Pond on Cherry Point, ~~said point being~~ which is the point of beginning.

"Deep Water Shoal State Replenishment Seed Area" or "DWS" means that area in the James River near Mulberry Island, beginning at a point approximately 530 feet west of Deep Water Shoal Light, said point being Corner 1, located at Latitude 37° 08.9433287' N., Longitude 76° 38.3213007' W.; thence southeasterly to Corner 2, Latitude 37° 09.5734380' N., Longitude 76° 37.8300582' W.; thence southwesterly to Corner 3, Latitude 37° 08.9265524' N., Longitude 76° 37.0574269' W.; thence westerly to Corner 4, Latitude 37° 08.4466039 N., Longitude 76° 37.4523346' W.; thence northwesterly to Corner 5, Latitude 37° 08.4491489' N., Longitude 76° 38.0215553' W.; thence northeasterly to Corner 1, ~~said corner being~~ which is the point of beginning.

"Great Wicomico River Hand Tong Area" means that area of the Great Wicomico River known as Haynie Point, Sandy Point, and Shell Bar.

Haynie Point consists of the area bounded by a line beginning at a point located at Latitude 37° 49.7907323' N., Longitude 76° 18.6294277' W.; thence northeasterly to a point located at Latitude 37° 49.8578592' N., Longitude 76° 18.5570328' W.; thence southeasterly to a point located at Latitude 37° 49.7892242' N., Longitude 76° 18.5140118' W.; thence southwesterly to a point located at Latitude 37° 49.7380000' N., Longitude 76° 18.5672041' W.; thence northwesterly to a point located at Latitude 37° 49.7907323' N., Longitude 76° 18.6294277' W., ~~being~~ which is the point of beginning, containing 4.64 acres.

Sandy Point consists of the area bounded by a line beginning at a point located at Latitude 37° 49.2576829' N., Longitude 76° 18.7547649' W.; thence northeasterly to a point located at Latitude 37° 49.2832242' N., Longitude 76° 18.6559957' W.; thence northeasterly to a point located at Latitude 37° 49.3541620' N., Longitude 76° 18.4765658' W.; thence southerly to a point located at Latitude 37° 49.2917724' N., Longitude 76° 18.4583880' W.; thence southwesterly to a point located at Latitude 37° 49.2335757' N., Longitude 76° 18.6003145' W.; thence southwesterly to a point located at Latitude 37° 49.2166701' N., Longitude 76° 18.7332435' W.; thence northwesterly to a point located at Latitude 37° 49.2576829' N., Longitude 76° 18.7547649' W., ~~being~~ which is the point of beginning, containing 11.71 acres.

Shell Bar consists of the area bounded by a line beginning at a point located at Latitude 37° 49.4334037' N., Longitude 76° 18.9831193' W.; thence northeasterly to a point located at Latitude 37° 49.5165040' N., Longitude 76° 18.9165237' W.; thence southeasterly to a point located at Latitude 37° 49.3666408' N., Longitude 76° 18.7164965' W.; thence southwesterly to a point located at Latitude 37° 49.3169571' N., Longitude 76° 18.8165540' W.; thence northwesterly to a point located at Latitude 37° 49.3499945' N., Longitude 76° 18.9166098' W.; thence northwesterly to a point located at Latitude 37° 49.4334037' N., Longitude 76° 18.9831193' W, ~~being~~ which is the point of beginning, containing 17.67 acres.

"Great Wicomico River Rotation Area 1" means all public grounds and unassigned grounds in that area of the Great Wicomico River, Ingram Bay, and the Chesapeake Bay beginning at a point on Sandy Point, Latitude 37° 49.3269652' N., Longitude 76° 18.3821766' W.; thence easterly to the southern-most point of Cockrell Point, Latitude 37° 49.2664838' N., Longitude 76° 17.3454434' W.; thence easterly following the mean low water line of Cockrell Point to a point on the boundary of Public Ground 115 at Cash Point, Latitude 37° 49.2695619' N., Longitude 76° 17.2804046' W.; thence southeasterly to the gazebo on the pier head at Fleeton Point, Latitude 37° 48.7855824' N., Longitude 76° 16.9609311' W.; thence southeasterly to the Great Wicomico River Light; Latitude 37° 48.2078167' N., Longitude 76° 15.9799333' W.; thence westerly to a point on the offshore end of the southern jetty at the entrance to Towles Creek, Latitude 37° 48.3743771' N., Longitude 76° 17.9600320' W.; thence northerly crossing the entrance to Towles Creek at the offshore ends of the jetties and continuing along the mean low water line to Bussel Point, Latitude 37° 48.6879208' N., Longitude 76° 18.4670860' W.; thence northwesterly to the northern headland of Cranes Creek, Latitude 37° 48.8329168' N., Longitude 76° 18.7308073' W.; thence following the mean low water line northerly to a point on Sandy Point, Latitude 37° 49.3269652' N., Longitude 76° 18.3821766' W., ~~said point being~~ which is the point of beginning.

"Great Wicomico River Rotation Area 2" means all public grounds and unassigned grounds in that area of the Great Wicomico River, Ingram Bay, and the Chesapeake Bay beginning at a point on Great Wicomico River Light, Latitude 37° 48.2078167' N., Longitude 76° 15.9799333' W.; thence due south to a point due east of the southern-most point of Dameron Marsh, Latitude 37° 46.6610003' N., Longitude 76° 16.0570007' W.; thence due west to the southern-most point of Dameron Marsh, Latitude 37° 46.6609070' N., Longitude 76° 17.2670707' W.; thence along the mean low water line of Dameron Marsh, north and west to Garden Point, Latitude 37° 47.2519872' N., Longitude 76° 18.4028142' W.; thence northwesterly to Windmill Point, Latitude 37° 47.5194547' N., Longitude 76° 18.7132194' W.; thence northerly along the mean low water line to the western headland of Harveys Creek, Latitude 37° 47.7923573' N., Longitude 76° 18.6881450' W.; thence east-southeasterly to the eastern headland of Harveys Creek, Latitude 37° 47.7826936' N., Longitude 76° 18.5469879' W.; thence northerly along the mean low water line to a point on the offshore end of the southern jetty at the entrance to Towles Creek, Latitude 37° 48.3743771' N., Longitude 76° 17.9600320' W.; thence easterly to Great Wicomico River Light, Latitude 37° 48.2078167' N., Longitude 76° 15.9799333' W., ~~said point being~~ which is the point of beginning.

"Hand scrape" means any device or instrument with a catching bar having an inside measurement of no more than 22 inches, which is used or usable for the purpose of extracting or removing shellfish from a water bottom or the bed of a body of water.

"Hand tong" or "ordinary tong" means any pincers, nippers, tongs, or similar device used in catching oysters, which consists of two shafts or handles attached to opposable and complementary pincers, baskets, or containers ~~operated entirely by hand, from the surface of the water and has no external or internal power source~~.

"Hurleys Rock Area" means that portion of Pocomoke and Tangier Sound Rotation Area 1 in the Tangier Sound north of a line beginning at a point on the Maryland-Virginia state line, located at Latitude 37° 54.6136000' N., Longitude 75° 53.9739600' W., thence due west to an end at a point at Latitude 37° 54.6136000' N., Longitude 76° 00.0687800' W.

"Indian Creek Area" means all public grounds and unassigned grounds in that area of Indian Creek and its tributaries in Northumberland and Lancaster Counties between a line beginning at a point on the shore on the south side of the creek located at Latitude 37° 041.4021100' N., Longitude 76° 20.7493600' W.; thence in a straight line to a point on shore on the north side of the creek located at Latitude 37° 041.4999200' N., Longitude 76° 20.5974400' W.; thence southeasterly to a line beginning on the south shore of the mouth of the creek located at Latitude 37° 041.2975900' N., Longitude 76° 19.5082500' W.; thence in a straight line to a point on shore on the north side of the mouth of the creek located at Latitude 37° 041.0934000' N., Longitude 76° 18.7589400' W.

"James River Area 1" means all public grounds and unassigned grounds in that area of the James River, excluding White Shoal, beginning at the Flashing Green Channel Light #5, located at Latitude 37° 02.3528833' N., Longitude 76° 32.7785333' W.; thence southeasterly to the Flashing Green Channel Light #3, located at Latitude 37° 01.7124500' N., Longitude 76° 31.8210667' W.; thence southeasterly to the Flashing Green Channel Light #1, located at Latitude 37° 00.7666667' N., Longitude 76° 29.9083333' W.; thence southeasterly to the northeast corner of the western draw span pier of the James River Bridge (U.S. Route 17), Latitude 37° 00.1524824' N., Longitude 76° 28.1581984' W.; thence southwesterly along the upstream side of the James River Bridge to the mean low water line; thence northwesterly along the mean low water line, crossing Kings Creek at the headlands and continuing along the mean low water line to a point on the shore at Rainbow Farm Point in line with VMRC Markers "STH" and "SMT," located at Latitude 37° 00.1965862' N., Longitude 76° 34.0712010' W.; thence north-northeasterly to a VMRC Marker "STH," Latitude 37° 00.9815328' N., Longitude 76° 33.5955842' W.; thence to a VMRC Marker "SMT," at Latitude 37° 01.3228160' N., Longitude 76° 33.3887351' W.; thence to the Flashing Green Channel Light #5, at Latitude 37° 02.3528833' N., Longitude 76° 32.7785333' W., ~~said point being~~ which is the point of beginning.

"James River Area 2" means all public grounds and unassigned grounds in that area of the James River beginning at the Flashing Green Channel Light #5, located at Latitude 37° 02.3528833' N., Longitude 76° 32.7785333' W.; thence northeasterly to a VMRC Marker "NMT," Latitude 37° 02.7740540' N., Longitude 76° 32.0960864' W.; thence to a VMRC Marker "NTH" located at Latitude 37° 03.2030055' N., Longitude 76° 31.4231211' W.; thence to a point on the north shore of the river at Blunt (Blount) Point, said point being in line with VMRC Markers "NMT" and "NTH" and located at Latitude 37° 03.3805862' N., Longitude 76° 31.1444562' W.; thence southeasterly along the mean low water line to the upstream side of the James River Bridge (U.S. Route 17); thence westerly along the James River Bridge to the northeast corner of the western draw span pier, Latitude 37° 00.1524824' N., Longitude 76° 28.1581984' W.; thence northwesterly to the Flashing Green Channel Light #1, located at Latitude 37° 00.7666667' N., Longitude 76° 29.9083333' W.; thence northwesterly to the Flashing Green Channel Light #3, located at Latitude 37° 01.7124500' N., Longitude 76° 31.8210667' W.; thence northwesterly to the Flashing Green Channel Light #5, located at Latitude 37° 02.3528833' N., Longitude 76° 32.7785333' W., ~~said point being~~ which is the point of beginning.

"James River Area 3" means those public grounds of Isle of Wight County and Nansemond County (City of Suffolk) located in the James River and Nansemond River west of the Monitor Merrimac Memorial Bridge Tunnel (Route I-664), northeast of the Mills E. Godwin, Jr. Bridge (U.S. Route 17) on the Nansemond River, and south of the James River Bridge (U.S. Route 17).

"James River Seed Area" means all public grounds and unassigned grounds in that area of the James River and its tributaries with a southeastern boundary beginning at a point on the shore on the south side of the river at Rainbow Farm Point in Isle of Wight County located at Latitude 37° 00.1965862' N., Longitude 76° 34.0712010' W.; thence north-northeasterly to a VMRC Marker "STH," Latitude 37° 00.9815328 N., Longitude 76° 33.5955842' W.; thence to a VMRC Marker "SMT," at Latitude 37° 01.3228160' N., Longitude 76° 33.3887351' W.; thence to the Flashing Green Channel Light #5, at Latitude 37° 02.3528833' N., Longitude 76° 32.7785333' W.; thence northeasterly to a VMRC Marker "NMT," Latitude 37° 02.7740540' N., Longitude 76° 32.0960864' W.; thence to a VMRC Marker "NTH" located at Latitude 37° 03.2030055' N., Longitude 76° 31.4231211' W.; thence to a point on the north shore of the river at Blunt (Blount) Point, in the City of Newport News, located at Latitude 37° 03.3805862' N., Longitude 76° 31.1444562' W.; the northern boundary, being a straight line, beginning at a point on the shore on the east side of the river in the City of Newport News, at Latitude 37° 08.4458787' N., Longitude 76° 37.2855533' W.; thence westerly to the southeast corner of the Deep Water Shoal State Replenishment Seed Area, Latitude 37° 08.4466039' N., Longitude 76° 37.4523346' W.; thence westerly to the southwest corner of the Deep Water Shoal State Replenishment Seed Area, Latitude 37° 08.4490472' N., Longitude 76° 38.0215554' W.; thence westerly to a point on the shore on the west side of the river at the mouth of Lawnes Creek in Isle of Wight County, Latitude 37° 08.4582990' N., Longitude 76° 40.2816023' W.

"Larsons Bay Area" means all public grounds in that area of Larsons Bay in the Rappahannock River, beginning at Cherry Point at Latitude 37° 37.6554400' N., Longitude 76° 24.1203200' W.; thence south east to the southern-most corner of the house on Mosquito Point at Latitude 37° 36.5230000' N., Longitude 76° 21.5950000' W.; thence following the ordinary mean low water line in a northwesterly direction to Cherry Point, ~~said point being~~ which is the point of beginning.

"Latitude and longitude" means values that are based upon a geodetic reference system of the North American Datum of 1983 (NAD83). When latitude and longitude are used in any area description, in conjunction with any physical landmark, to include aids to navigation, the latitude and longitude value is the legal point defining the boundary.

"Little Wicomico River" means that area of the Little Wicomico River inside of Public Ground 43 of Northumberland County, located in the Little Wicomico River near Bridge Creek, beginning at a point approximately 150 feet north of Peachtree Point, said point being Corner 1, located at Latitude 37° 53.2910650' N., Longitude 76° 16.7312926' W.; thence southwesterly to Corner 2, Latitude 37° 53.2601877' N., Longitude 76° 16.8662408' W.; thence northwesterly to Corner 3, Latitude 37° 53.2678470' N., Longitude 76° 16.8902408' W.; thence northeasterly to Corner 4, Latitude 37° 53.3113148' N., Longitude 76° 16.8211543' W.; thence southeasterly to Corner 1, ~~said corner being~~ which is the point of beginning.

"Middle Ground" means all public grounds in the area of the Corrotoman River between a line beginning at Ball Point at Latitude 37° 40.65133000' N., Longitude 76° 28.4440000' W.; thence easterly to a point at the western side of the mouth of Taylor Creek at Latitude 37° 40.97331000' N., Longitude 76° 27.59471000' W.; upstream to a line from Bar Point at Latitude 37° 41.65256000' N., Longitude 76° 28.66195000' W.; thence easterly to Black Stump Point at Latitude 37° 41.7360900' N., Longitude 76° 28.1212200' W.

"Milford Haven" means all public grounds and unassigned grounds in that area of Milford Haven and its tributaries bound on the west by a line from a point on the southernmost point of land of the north shore of Milford Haven being near the end of State Route 634, Latitude 37° 29.5971' N., Longitude 76° 18.1822' W.; thence south-southeasterly to a point on the northeast corner of the pier head of the long pier being on the south shore of Milford Haven immediately west of the Sea Farms Inc. facility, Latitude 37° 29.3546' N., Longitude 76° 18.1323' W.; thence following the east side of the pier to the shore and bound on the east by a line from a point on the shore at the western headland of the wash formerly Hills Creek, Latitude 37° 29.0278' N., Longitude 76° 16.3834' W.; thence easterly to a point on the north shore of Sandy Point near Latitude 37° 29.0017' N., Longitude 76° 16.1640' W.; thence following the shore of the east side of Sandy Point to a point on the shoreline at Latitude 37° 28.6233' N., Longitude 76° 15.8605' W.; thence in a line south-southeasterly to a point on the breakwater at Haven Beach, Latitude 37° 26.2006' N., Longitude 76° 15.1257' W.

"Mobjack Bay Area" means that area of Mobjack Bay consisting of Public Ground 2 of Mathews County (Pultz Bar) and Public Ground 25 of Gloucester County (Tow Stake) described as:

Public Ground 2 of Mathews County, known as Pultz Bar, is located in Mobjack Bay, beginning at a point approximately 5,420 feet south of Minter Point, said point being Corner 1, located at Latitude 37° 21.2500000' N., Longitude 76° 21.3700000' W.; thence easterly to Corner 2, Latitude 37° 21.2700000' N., Longitude 76° 20.9600000' W.; thence southerly to Corner 3, Latitude 37° 21.0200000' N., Longitude 76° 20.9400000' W.; thence westerly to Corner 4, Latitude 37° 21.0500000' N., Longitude 76° 21.3300000' W.; thence northerly to Corner 1, ~~said corner being~~ which is the point of beginning.

Public Ground 25 of Gloucester County, known as Tow Stake, is located in Mobjack Bay, near the mouth of the Severn River, beginning at a point approximately 2,880 feet east-northeast of Tow Stake Point, said point being Corner 1, located at Latitude 37° 20.3883888' N., Longitude 76° 23.5883836' W.; thence northeasterly to Corner 2, Latitude 37° 30.5910482' N., Longitude 76° 23.2372184' W.; thence southeasterly to Corner 3, Latitude 37° 20.3786971' N., Longitude 76° 22.7241180' W.; thence southwesterly to Corner 4, Latitude 37° 19.8616759' N., Longitude 76° 23.5914937' W.; thence northwesterly to Corner 5, Latitude 37° 20.0284019' N., Longitude 76° 23.7717423' W.; thence northeasterly to Corner 1, ~~said corner being~~ which is the point of beginning.

"Nomini Creek Area" means that area of Nomini Creek inside of Public Grounds 26 and 28 of Westmoreland County.

Public Ground 26 of Westmoreland County is located in Nomini Creek, north of Beales Wharf and east of Barnes Point, beginning at a point approximately 1,400 feet north of Barnes Point, said point being Corner 1, located at Latitude 38° 07.2690219' N., Longitude 76° 42.6784210' W.; thence southeasterly to Corner 2, Latitude 38° 07.0924060' N., Longitude 76° 42.4745767' W.; thence southwesterly to Corner 3, Latitude 38° 06.8394053' N., Longitude 76° 42.6704025' W.; thence northwesterly to Corner 4, Latitude 38° 06.8743004' N., Longitude 76° 42.7552151' W.; thence northeasterly to Corner 5, Latitude 38° 07.0569717' N., Longitude 76° 42.5603535' W.; thence northwesterly to Corner 1, ~~said corner being~~ which is the point of beginning.

Public Ground 28 of Westmoreland County is located at the mouth of Nomini Creek, beginning at a point approximately 50 feet west of White Oak Point, said point being Corner 1, located at Latitude 38° 07.6429987' N., Longitude 76° 43.0337082' W.; thence south-southeasterly to Corner 2, Latitude 38° 07.2987193' N., Longitude 76° 43.1101420' W.; thence northwesterly to Corner 3, Latitude 38° 07.7029267' N., Longitude 76° 43.3337762' W.; thence west to the mean low water line, Latitude 38° 07.7031535' N., Longitude 76° 43.3378345' W.; thence northerly and westerly along the mean low water line of Nomini Creek to a point southwest of Cedar Island, Latitude 38° 07.8986449' N., Longitude 76° 43.6329097' W.; thence northeasterly to a point on the mean low water line at the southern-most point of Cedar Island, Latitude 38° 07.8986449' N., Longitude 76° 43.6329097' W.; thence following the mean low water line of the southern and eastern sides of Cedar Island to a point, Latitude 38° 08.0164430' N., Longitude 76° 43.4773169' W.; thence northeasterly to Corner 4, Latitude 38° 08.0712849' N., Longitude 76° 43.4416606' W.; thence northeasterly to a point on the northern headland of Nomini Creek at the mean low water line, said point being Corner 5, Latitude 38° 08.2729626' N., Longitude 76° 43.3105315' W.; thence following the mean low water line of White Point to a point northwest of Snake Island, Corner 6, Latitude 38° 08.4066960' N., Longitude 76° 42.9105565' W.; thence southeast, crossing the mouth of Buckner Creek, to a point on the mean low water line of Snake Island, Corner 7, Latitude 38° 08.3698254' N., Longitude 76° 42.8939656' W.; thence southeasterly following the mean low water line of Snake Island to Corner 8, Latitude 38° 08.2333798' N., Longitude 76° 42.7778877' W.; thence south-southwesterly, crossing the mouth of Buckner Creek, to Corner 9, Latitude 38° 08.2134371' N., Longitude 76° 42.7886409' W.; thence southeasterly to a point on the mean low water line of the southern headland of Buckner Creek, Corner 10, Latitude 38° 08.1956281' N., Longitude 76° 42.7679625' W.; thence southwesterly following the mean low water line of Nomini Creek, crossing the mouth of an unnamed cove at the narrowest point between the headlands and continuing to follow the mean low water line to a point on White Oak Point, Latitude 38° 07.6428228' N., Longitude 76° 43.0233530' W.; thence west to Corner 1, ~~said point being~~ which is the point of beginning.

"Oyster" means any shellfish of the species Crassostrea virginica.

"Oyster dredge" means any device having a maximum weight of 150 pounds with attachments, maximum width of 50 inches, and maximum tooth length of four inches.

"Oyster patent tong" means any patent tong not exceeding 100 pounds in gross weight, including any attachment other than rope and with the teeth not to exceed four inches in length.

"Oyster resource user fee" means a fee that must be paid each calendar year by anyone who grows, harvests, shucks, packs, or ships oysters for commercial purposes.

"Piankatank River Area" means ~~that area~~ those areas in the Piankatank River known as Bland Point, Burton Point bounded by a line beginning at a point located at Latitude 37° 30.8149992' N., Longitude 76° 19.8179990' W.; thence northeasterly to a point located at Latitude 37° 30.9333442' N., Longitude 76° 19.7333318' W.; thence southeasterly to a point located at Latitude 37° 30.8832475' N., Longitude 76° 19.5827984' W.; thence southeasterly to a point located at Latitude 37° 30.8335420' N., Longitude 76° 19.3835660' W.; thence southwesterly to a point located at Latitude 37° 30.6867440' N., Longitude 76° 19.5250181' W.; thence northwesterly to a point located at Latitude 37° 30.7700556' N., Longitude 76° 19.7721907' W.; thence northwesterly to a point located at Latitude 37° 30.8149992' N., Longitude 76° 19.8179990' W., being the point of beginning, containing 38.99 acres, and Cape Tune.

"Bland Point" means that area in the Piankatank River bounded by a line beginning at a point located at Latitude 37° 31.7504466' N., Longitude 76° 21.3243911' W.; thence westerly to a point located at Latitude 37° 31.7928543' N., Longitude 76° 21.5539642' W.; thence northerly to a point located at Latitude 37° 31.9666666' N., Longitude 76° 21.4833333' W.; thence easterly to a point located at Latitude 37° 31.916666' N., Longitude 76° 21.2666666' W.; thence southerly to a point located at Latitude 37° 31.7504466' N., Longitude 76° 21.3243911' W., which is the point of beginning.

"Burton Point" means that area in the Piankatank River bounded by a line beginning at a point located at Latitude 37° 30.8149992' N., Longitude 76° 19.8179990' W.; thence northeasterly to a point located at Latitude 37° 30.9333442' N., Longitude 76° 19.7333318' W.; thence southeasterly to a point located at Latitude 37° 30.8832475' N., Longitude 76° 19.5827984' W.; thence southeasterly to a point located at Latitude 37° 30.8335420' N., Longitude 76° 19.3835660' W.; thence southwesterly to a point located at Latitude 37° 30.6867440' N., Longitude 76° 19.5250181' W.; thence northwesterly to a point located at Latitude 37° 30.7700556' N., Longitude 76° 19.7721907' W.; thence northwesterly to a point located at Latitude 37° 30.8149992' N., Longitude 76° 19.8179990' W., which is the point of beginning.

"Cape Tune" means that area in the Piankatank River bounded by a line beginning at a point located at Latitude 37° 31.1154576' N., Longitude 76° 20.8133418' W.; thence easterly to a point located at Latitude 37° 31.0500000' N., Longitude 76° 20.6333333' W.; thence southerly to a point located at Latitude 37° 30.8250970' N., Longitude 76° 20.7108568' W.; thence westerly to a point located at Latitude 37° 30.8350000' N., Longitude 76° 20.9683333' W.; thence northerly to a point located at Latitude 37° 31.1154576' N., Longitude 76° 20.8133418' W., which is the point of beginning.

"Piankatank River Hand Tong Area" means that area in the Piankatank River known as Palace Bar bounded by a line beginning at a point located at Latitude 37° 31.6366756' N., Longitude 76° 22.2999953' W.; thence northly to a point located at Latitude 37° 31.7574943' N., Longitude 76° 22.2966779' W.; thence northeasterly to a point located at Latitude 37° 31.8291757' N., Longitude 76° 22.2483355' W.; thence southeasterly to a point located at Latitude 37° 31.8166854' N., Longitude 76° 22.1433377' W.; thence southeasterly to a point located at Latitude 37° 31.7500276' N., Longitude 76° 22.0166809' W.; thence southeasterly to a point located at Latitude 37° 31.6000121' N., Longitude 76° 21.9166733' W.; thence westerly to a point located at Latitude 37° 31.6199872' N., Longitude 76° 22.1500353' W.; thence westerly to a point located at Latitude 37° 31.6366756' N., Longitude 76° 22.2999953' W., ~~being~~ which is the point of beginning, containing 38.53 acres.

"Pocomoke Sound Area" means that area of Pocomoke Sound inside of Public Ground 11 10 of Accomack County.

Public Ground 11 of Accomack County consists of the area bounded by a line beginning at a point located at Latitude 37° 54.2242247' N., Longitude 75° 46.8458531' W.; thence northeasterly to a point located at Latitude 37° 54.7717652' N., Longitude 75° 46.2306934' W.; thence southeasterly to a point located at Latitude 37° 54.7655487' N., Longitude 75° 46.2246266' W.; thence northeasterly to a point located at Latitude 37° 55.1625018' N., Longitude 75° 45.7462838' W.; thence northwesterly to a point located at Latitude 37° 55.1713750' N., Longitude 75° 45.7562587' W.; thence northeasterly to a point located at Latitude 37° 55.4058815' N., Longitude 75° 45.4541658' W.; thence northeasterly to a point located at Latitude 37° 55.5742129' N., Longitude 75° 44.8291700' W.; thence northeasterly to a point located at Latitude 37° 55.5923356' N., Longitude 75° 44.7851143' W.; thence northeasterly to a point located at Latitude 37° 55.6009795' N., Longitude 75° 44.7641422' W.; thence southeasterly to a point located at Latitude 37° 55.5842236' N., 75° 44.7554991' W.; thence southeasterly to a point located at Latitude 37° 55.5265366' N., Longitude 75° 44.6897855' W.; thence northeasterly to a point located at Latitude 37° 55.6926202' N., Longitude 75° 44.3730212' W.; thence northwesterly to a point located at Latitude 37° 55.7414951' N., Longitude 75° 44.4228784' W.; thence northeasterly to a point located at Latitude 37° 55.8075338' N., Longitude 75° 44.2624885' W.; thence southernly to a point located at Latitude 37° 55.6345499' N., Longitude 75° 44.2772024 W.; thence southwesterly to a point located at Latitude 37° 55.5620352' N., Longitude 75° 44.4066645' W.; thence southeasterly to a point located at Latitude 37° 55.4972479' N., Longitude 75° 44.3397091' W.; thence northeasterly to a point located at Latitude 37° 55.5576916' N., Longitude 75° 44.2459142' W.; thence southeasterly to a point located at Latitude 37° 55.4242118' N., Longitude 75° 44.1791595' W.; thence southeasterly to a point located at Latitude 37° 55.3575442' N., Longitude 75° 43.9958019' W.; thence southwesterly to a point located at Latitude 37° 54.8742193' N., Longitude 75° 44.7625058' W.; thence southernly to a point located at Latitude 37° 54.4075648' N., Longitude 75° 44.5291567' W.; thence southeasterly to a point located at Latitude 37° 54.0909029' N., Longitude 75° 44.2291560' W.; thence southwesterly to a point located at Latitude 37° 54.0075735' N., Longitude 75° 44.4791578' W.; thence northwesterly to a point located at Latitude 37° 54.1075697' N., Longitude 75° 44.5958138' W.; thence westerly to a point located at Latitude 37° 54.0909049' N., Longitude 75° 45.1291836' W.; thence northwesterly to a point located at Latitude 37° 54.1909062' N., Longitude 75° 45.2291611' W.; thence northwesterly to a point located at Latitude 37° 54.3242309' N., Longitude 75° 45.6624951' W.; thence southwesterly to a point located at Latitude 37° 54.3075702' N., Longitude 75° 45.7458522' W.; thence southwesterly to a point located at Latitude 37° 53.8075670' N., Longitude 75° 46.7292265' W.; thence northernly to a point located at Latitude 37° 54.2242247' N., Longitude 75° 46.8458531' W., being the point of beginning, containing 1650.39 acres.

Public Ground 10 of Accomack County is located in the Pocomoke Sound, beginning at a corner on the Maryland-Virginia state line, located in the Pocomoke Sound approximately 2.3 nautical miles westerly of the northern-most point of North End Point, said point being Corner 1, located at Latitude 37° 56.4741881' N., Longitude 75° 45.7051676' W. (NAD83); thence east-northeasterly along the Maryland-Virginia state line to Corner 2, Latitude 37° 56.9261140' N., Longitude 75° 43.7679786' W.; thence south-southwesterly to Corner 3, Latitude 37° 56.1241948' N., Longitude 75° 44.3624962' W.; thence west-southwesterly to Corner 4, Latitude 37° 56.0820561' N., Longitude 75° 44.5826292' W.; thence northerly to Corner 5, Latitude 37° 56.1377309' N., Longitude 75° 44.5817745' W.; thence west-southwesterly to Corner 6, Latitude 37° 56.1259751' N., Longitude 75° 44.6226859' W.; thence southwesterly to Corner 7, Latitude 37° 56.1039335' N., Longitude 75° 44.6692334' W.; thence southerly to Corner 8, Latitude 37° 56.0643616' N., Longitude 75° 44.6750106' W.; thence west-southwesterly to Corner 9, Latitude 37° 55.9742005' N., Longitude 75° 45.1458109' W.; thence west-northwesterly to Corner 10, Latitude 37° 56.0741973' N., Longitude 75° 45.8958329' W.; thence north-northwesterly to Corner 11, Latitude 37° 56.2565760' N., Longitude 75° 46.0000557' W.; thence northeasterly along the Maryland-Virginia state line to Corner 1, which is the point of beginning.

"Pocomoke Sound Hand Tong Area" means that area of Pocomoke Sound inside of Public Ground 9 ~~and Public Ground 10~~ of Accomack County.

Public Ground 9 of Accomack County is located in the Pocomoke Sound, beginning at a corner on the Maryland-Virginia state line, located in the Pocomoke Sound approximately 1.06 nautical miles north-northeast of the northern-most point of North End Point, said point being Corner 1, located at Latitude 37° 57.2711566' N., Longitude 75° 42.2870790' W. (NAD83); thence east-northeasterly along the Maryland-Virginia state line to Corner 2, Latitude 37° 57.2896577' N., Longitude 75° 41.9790727' W.; thence southerly to Corner 3, Latitude 37° 57.2574850' N., Longitude 75° 41.9790730' W.; thence southwesterly to Corner 4, Latitude 37° 57.2288700' N., Longitude 75° 42.0077287' W.; thence west-southwesterly to Corner 5, Latitude 37° 57.2034533' N., Longitude 75° 42.1511250' W.; thence south-southwesterly to Corner 6, Latitude 37° 57.0940590' N., Longitude 75° 42.1935214' W.; thence south-southeasterly to Corner 7, Latitude 37° 57.0551726' N., Longitude 75° 42.1814457' W.; thence southwesterly to Corner 8, Latitude 37° 56.9408327' N., Longitude 75° 42.2957912' W.; thence south-southwesterly to Corner 9, Latitude 37° 56.6574947' N., Longitude 75° 42.3790819' W.; thence southwesterly to Corner 10, Latitude 37° 56.5790952' N., Longitude 75° 42.5228752' W.; thence west-southwesterly to Corner 11, Latitude 37° 56.5712564' N., Longitude 75° 42.5915437' W.; thence south-southeasterly to Corner 12, Latitude 37° 56.5441067' N., Longitude 75° 42.5869894' W.; thence southwesterly to Corner 13, Latitude 37° 56.4575045' N., Longitude 75° 42.7458050' W.; thence west-southwesterly to Corner 14, Latitude 37° 56.2575123' N., Longitude 75° 43.3791097' W.; thence southwesterly to Corner 15, Latitude 37° 55.7408688' N., Longitude 75° 43.7957804' W.; thence westerly to Corner 16, Latitude 37° 55.7575327' N., Longitude 75° 43.9458298' W.; thence northwesterly to Corner 17, Latitude 37° 55.8908661' N., Longitude 75° 44.1291309' W.; thence north-northeasterly to Corner 18, Latitude 37° 55.9908639' N., Longitude 75° 44.0791266' W.; thence northeasterly to Corner 19, Latitude 37° 56.1241858' N., Longitude 75° 43.8791328' W.; thence north-northeasterly to Corner 20, Latitude 37° 56.4075136' N., Longitude 75° 43.7291361' W.; thence northeasterly to Corner 21, Latitude 37° 56.8241664' N., Longitude 75° 43.2624601' W.; thence north-northeasterly to Corner 22, Latitude 37° 57.0706006' N., Longitude 75° 43.1480402' W.; thence east-northeasterly along the Maryland-Virginia state line to Corner 1, ~~said corner being~~ which is the point of beginning.

Public Ground 10 of Accomack County is located in the Pocomoke Sound, beginning at a corner on the Maryland-Virginia state line, located in the Pocomoke Sound approximately 2.3 nautical miles westerly of the northern-most point of North End Point, said point being Corner 1, located at Latitude 37° 56.4741881' N., Longitude 75° 45.7051676' W. (NAD83); thence east-northeasterly along the Maryland-Virginia state line to Corner 2, Latitude 37° 56.9261140' N., Longitude 75° 43.7679786' W.; thence south-southwesterly to Corner 3, Latitude 37° 56.1241948' N., Longitude 75° 44.3624962' W.; thence west-southwesterly to Corner 4, Latitude 37° 56.0820561' N., Longitude 75° 44.5826292' W.; thence northerly to Corner 5, Latitude 37° 56.1377309' N., Longitude 75° 44.5817745' W.; thence west-southwesterly to Corner 6, Latitude 37° 56.1259751' N., Longitude 75° 44.6226859' W.; thence southwesterly to Corner 7, Latitude 37° 56.1039335' N., Longitude 75° 44.6692334' W.; thence southerly to Corner 8, Latitude 37° 56.0643616' N., Longitude 75° 44.6750106' W.; thence west-southwesterly to Corner 9, Latitude 37° 55.9742005' N., Longitude 75° 45.1458109' W.; thence west-northwesterly to Corner 10, Latitude 37° 56.0741973' N., Longitude 75° 45.8958329' W.; thence north-northwesterly to Corner 11, Latitude 37° 56.2565760' N., Longitude 75° 46.0000557' W.; thence northeasterly along the Maryland-Virginia state line to Corner 1, said corner being the point of beginning.

"Pocomoke and Tangier Sounds Management Area" or "PTSMA" means the area as defined in § 28.2-524 of the Code of Virginia.

"Pocomoke and Tangier Sounds Rotation Area 1" means all public grounds and unassigned grounds within an area of the PTSMA in Pocomoke and Tangier Sounds, bounded by a line beginning at a point on the Maryland-Virginia state line, located at Latitude 37° 54.6136000' N., Longitude 75° 53.9739600' W.; thence south to the house on Great Fox Island, Latitude 37° 53.6946500' N., Longitude 75° 53.8898800' W.; thence westerly to a point, Latitude 37° 53.3633500' N., Longitude 75° 56.5589600' W.; thence south to a point, Latitude 37° 48.4429100' N., Longitude 75° 56.4883600' W.; thence easterly to the north end of Watts Island, Latitude 37° 48.7757800' N., Longitude 75° 53.5994100' W.; thence northerly to the house on Great Fox Island, Latitude 37° 53.6946500' N., Longitude 75° 53.8898800' W.; thence southeasterly to Pocomoke Sound Shoal Flashing Light Red "8", Latitude 37° 52.4583300' N., Longitude 75° 49.4000000' W.; thence southeasterly to Messongo Creek Entrance Buoy Green Can "1", Latitude 37° 52.1000000' N., Longitude 75° 47.8083300' W.; thence southeast to Guilford Flats Junction Light Flashing 2+1 Red "GF", Latitude 37° 50.9533300' N., Longitude 75° 46.6416700' W.; thence southerly to a point on a line from Guilford Flats Junction Light to the northern-most point of Russell Island, where said line intersects the PTSMA boundary, Latitude 37° 48.4715943' N., Longitude 75° 46.9955932' W.; thence clockwise following the PTSMA boundary to a point on the Maryland-Virginia state line, ~~said point being~~ which is the point of beginning.

"Pocomoke and Tangier Sounds Rotation Area 2" means all public grounds and unassigned grounds within an area of the PTSMA in Pocomoke and Tangier Sounds, bounded by a line beginning at the house on Great Fox Island, located at Latitude 37° 53.6946500' N., Longitude 75° 53.8898800' W.; thence southerly to the north end of Watts Island, Latitude 37° 48.7757800' N., Longitude 75° 53.5994100' W.; thence westerly to a point, Latitude 37° 48.4429100' N., Longitude 75° 56.4883600' W.; thence northerly to a point, Latitude 37° 53.3633500' N., Longitude 75° 56.5589600' W.; thence easterly to the house on Great Fox Island, said house being the point of beginning. Also, Pocomoke and Tangier Sounds Rotation Area 2 shall include all public grounds and unassigned grounds in the PTSMA in Pocomoke Sound bounded by a line beginning at a point on the Maryland-Virginia state line, Latitude 37° 54.6136000' N., Longitude 75° 53.9739600' W.; thence following the PTSMA boundary clockwise to a point on the line from the northern-most point of Russell Island to Guilford Flats Junction Light Flashing 2+1 Red "GF", where said line intersects the PTSMA boundary, Latitude 37° 48.4715943' N., Longitude 75° 46.9955932' W.; thence northerly to Guilford Flats Junction Light Flashing 2+1 Red "GF", Latitude 37° 50.9533300' N., Longitude 75° 46.6416700' W.; thence northwesterly to Messongo Creek Entrance Buoy Green Can "1", Latitude 37° 52.1000000' N., Longitude 75° 47.8083300' W.; thence northwesterly to Pocomoke Sound Shoal Flashing Light Red "8", Latitude 37° 52.4583300' N., Longitude 75° 49.4000000' W.; thence northwesterly to the house on Great Fox Island, Latitude 37° 53.6946500' N., Longitude 75° 53.8898800' W.; thence northerly to a point on the Maryland-Virginia state line, ~~said point being~~ which is the point of beginning.

"Public oyster ground" means all those grounds defined in § 28.2-551 of the Code of Virginia or by any other acts of the General Assembly pertaining to those grounds, all those grounds set aside by court order, and all those grounds set aside by order of the Marine Resources Commission and may be redefined by any of these legal authorities.

"Rappahannock River Area 7" means all public grounds in that area of the Rappahannock River bounded downstream by a line from Rogue Point, located at Latitude 37° 40.0400000' N., Longitude 76° 32.2530000' W.; thence west-northwesterly to Flashing Red Buoy "8", Latitude 37° 40.1580000' N., Longitude 76° 32.9390000' W.; thence southwesterly to Balls Point, Latitude 37° 39.3550000' N., Longitude 76° 34.4440000' W.; and bounded upstream by a line from Punchbowl Point, Latitude 37° 44.6750000' N., Longitude 76° 37.3250000' W.; thence southeasterly to Monaskon Point, Latitude 37° 44.0630000' N., Longitude 76° 34.1080000' W.

"Rappahannock River Area 8" means all public grounds in that area of the Rappahannock River bounded downstream by a line from Monaskon Point, located at Latitude 37° 44.0630000' N., Longitude 76° 34.1080000' W.; thence northwesterly to Punchbowl Point, Latitude 37° 44.6750000' N., Longitude 76° 37.3250000' W.; and bounded upstream by a line from Jones Point, Latitude 37° 46.7860000' N., Longitude 76° 40.8350000' W.; thence north-northwesterly to Sharps Point, Latitude 37° 49.3640000' N., Longitude 76° 42.0870000' W.

"Rappahannock River Area 9" means all public grounds in that area of the Rappahannock River bounded downstream by a line from Sharps Point, located at Latitude 37° 49.3640000' N., Longitude 76° 42.0870000' W.; thence south-southeasterly to Jones Point, Latitude 37° 46.7860000' N., Longitude 76° 40.8350000' W.; and bounded upstream by the Thomas J. Downing Bridge (U.S. Route 360).

"Rappahannock River Rotation Area 1" means all public grounds in that area of the Rappahannock River and Chesapeake Bay bounded by a line offshore and across the mouth of the Rappahannock River from a point on the mean low water line of Windmill Point, located at Latitude 37° 36.8200000' N., Longitude 76° 16.9460000' W.; thence southeast to Windmill Point Light, Latitude 37° 35.7930000' N., Longitude 76° 14.1800000' W.; thence southwesterly to Stingray Point Light, Latitude 37° 33.6730000' N., Longitude 76° 16.3620000' W.; thence westerly to a point on the mean low water line of Stingray Point, Latitude 37° 33.6920000' N., Longitude 76° 17.9860000' W.; and bounded upstream by a line from the mean low water line west of Broad Creek, Latitude 37° 33.9520000' N., Longitude 76° 19.3090000' W.; thence northeasterly to a VMRC Buoy on the Baylor line, Latitude 37° 34.5310000' N., Longitude 76° 19.1430000' W.; thence northeasterly to a VMRC Buoy, Latitude 37° 34.6830000' N., Longitude 76° 19.1000000' W.; thence northwesterly to a VMRC Buoy, Latitude 37° 35.0170000' N., Longitude 76° 19.4500000' W.; thence northwesterly to Sturgeon Bar Light "7R", Latitude 37° 35.1500000' N., Longitude 76° 19.7330000' W.; thence continuing northwesterly to Mosquito Point Light "8R", Latitude 37° 36.1000000' N., Longitude 76° 21.3000000' W.; thence northwesterly to the southern-most corner of the house on Mosquito Point, Latitude 37° 36.5230000' N., Longitude 76° 21.5950000' W.

"Rappahannock River Rotation Area 2" means all public grounds in that area of the Rappahannock River bounded downstream by a line from the southern-most corner of the house on Mosquito Point, located at Latitude 37° 36.5230000' N., Longitude 76° 21.5950000' W.; thence southeast to Mosquito Point Light "8R", Latitude 37° 36.1000000' N., Longitude 76° 21.3000000' W.; thence continuing southeasterly to Sturgeon Bar Beacon "7R", Latitude 37° 35.1500000' N., Longitude 76° 19.7330000' W.; thence west-southwesterly to a VMRC Buoy, Latitude 37° 34.9330000' N., Longitude 76° 21.0500000' W.; thence southwesterly to a VMRC Buoy, Latitude 37° 34.8830000' N., Longitude 76° 21.1000000' W.; thence southwesterly to a pier west of Hunting Creek at Grinels, Latitude 37° 34.4360000' N., Longitude 76° 26.2880000' W.; and bounded on the upstream by a line from Mill Creek Channel Marker "4", Latitude 37° 35.0830000' N., Longitude 76° 26.9500000' W.; thence northeasterly to Mill Creek Channel Marker "2", Latitude 37° 35.4830000' N., Longitude 76° 24.5670000' W.; thence northeasterly to the southern-most corner of the house on Mosquito Point, Latitude 37° 36.5230000' N., Longitude 76° 21.5950000'0 W.

"Rappahannock River Rotation Area 3" means all public grounds in that area of the Rappahannock River beginning from the north channel fender at the Robert O. Norris, Jr. Bridge, located at Latitude 37° 37.4830000' N., Longitude 76° 25.3450000' W.; thence southeast to the southern-most corner of the house on Mosquito Point, Latitude 37° 36.5230000' N., Longitude 76° 21.5950000' W.; thence southwest to Mill Creek Channel Marker "2", Latitude 37° 35.4830000' N., Longitude 76° 24.5670000' W.; thence southwesterly to Mill Creek Channel Marker "4", Latitude 37° 35.0830000' N., Longitude 76° 24.9500000' W.; thence northeasterly to Parrotts Creek Channel Marker "1", Latitude 37° 36.0330000' N., Longitude 76° 25.4170000' W.; thence northerly to VMRC Buoy, Latitude 37° 36.3330000' N., Longitude 76° 25.2000000' W.; thence northerly to the north channel fender of the Robert O. Norris, Jr. Bridge, ~~said point being~~ which is the point of beginning.

"Rappahannock River Rotation Area 4" means all public grounds in that area of the Rappahannock River, Corrotoman River, and Carter Creek, beginning at the White Stone end of the Robert O. Norris, Jr. Bridge (State Route 3), located at Latitude 37° 38.1290000' N., Longitude 76° 24.7220000' W.; thence along said bridge to the north channel fender, Latitude 37° 37.4830000' N., Longitude 76° 25.3450000' W.; thence westerly to the VMRC Buoy "5-4", Latitude 37° 38.0050000' N., Longitude 76° 30.0280000' W.; thence northerly to Old House Point, Latitude 37° 39.1390000' N., Longitude 76° 29.6850000' W.; thence northeasterly to Ball Point, Latitude 37° 41.6600000' N., Longitude 76° 28.6320000' W.; thence southeasterly to VMRC reef marker "Ferry Bar – North", Latitude 37° 40.3000000' N., Longitude 76° 28.5000000' W.; thence southwesterly to VMRC reef marker "Ferry Bar – South", Latitude 37° 40.1670000' N., Longitude 76° 28.5830000' W.; thence southeasterly to a duck blind west of Corrotoman Point, Latitude 37° 39.8760000' N., Longitude 76° 28.4200000' W.; thence southerly to VMRC Buoy "543", Latitude 37° 39.2670000' N., Longitude 76° 27.8500000' W.; thence southerly to VMRC Buoy "Drumming-West", Latitude 37° 38.8830000' N., Longitude 76° 27.6830000' W.; thence southerly to VMRC Buoy "Drumming-East", Latitude 37° 38.8330000' N., Longitude 76° 27.5670000' W.; thence northeasterly to Orchard Point, Latitude 37° 38.9240000' N., Longitude 76° 27.1260000' W.

"Rappahannock River Rotation Area 5" means all public grounds in that area of the Rappahannock River beginning at the Greys Point end of the Robert O. Norris, Jr. Bridge (State Route 3), located at Latitude 37° 36.8330000' N., Longitude 76° 25.9990000' W.; thence northeasterly along the bridge to the north channel fender, Latitude 37° 37.4830000' N., Longitude 76° 25.3450000' W.; thence west-northwesterly to VMRC Buoy "5-4", Latitude 37° 38.0050000' N., Longitude 76° 30.0280000' W.; thence westerly to Buoy "R6", Latitude 37° 38.0330000' N., Longitude 76° 30.2830000' W.; thence south to the eastern headland of Whiting Creek, Latitude 37° 36.6580000' N., Longitude 76° 30.3120000' W.

"Rappahannock River Rotation Area 6" means all public grounds in that area of the Rappahannock River beginning on the eastern headland of Whiting Creek, located at Latitude 37° 36.6580000' N., Longitude 76° 30.3120000' W.; thence north to Buoy "R6", Latitude 37° 38.0330000' N., Longitude 76° 30.2830000' W.; thence northwesterly to VMRC White House Sanctuary Buoy, Latitude 37° 38.1500000' N., Longitude 76° 30.5330000' W.; thence northwesterly to VMRC Towles Point Area Buoy, Latitude 37° 38.8330000' N., Longitude 76° 31.5360000' W.; thence northwesterly to Flashing Red Buoy "8" off Rogue Point, Latitude 37° 40.1580000' N., Longitude 76° 32.9390000' W.; thence southwesterly to Balls Point, Latitude 37° 39.3550000' N., Longitude 76° 34.4440000' W.

"Seed oyster" means any oyster taken by any person from natural beds, rocks, or shoals that is more than 30 days from harvest for human consumption.

"Thorofare" means that portion of Pocomoke and Tangier Sound Rotation Area 2 in the Tangier Sound north of a line beginning at a point, located at Latitude 37° 51.3670743' N., Longitude 75° 53.7526426' W.; thence westerly to an end at a point at Latitude 37° 51.3505943' N., Longitude 75° 56.5300708' W.

"Unassigned ground" means all grounds not assigned pursuant to §§ 28.2-600 through 28.2-633 of the Code of Virginia, established pursuant to § 28.2-551 of the Code of Virginia, or set aside by court order, or those grounds set aside by declarations or regulation by the Marine Resources Commission, and may be redefined by any of these legal authorities.

"Upper Chesapeake Bay - Blackberry Hangs Area" means all public grounds and unassigned grounds in that area of the Chesapeake Bay bounded by a line, beginning at a point approximately 300 feet east of the mean low water line of the Chesapeake Bay and approximately 1,230 feet southwest of the end of the southern-most stone jetty at the mouth of the Little Wicomico River, said point being Corner 1, Latitude 37° 53.1811193' N., Longitude 76° 14.1740146' W.; thence east-southeasterly to Corner 2, Latitude 37° 52.9050025' N., Longitude 76° 11.9357257' W.; thence easterly to Corner 3, Latitude 37° 52.9076552' N., Longitude 76° 11.6098145' W.; thence southwesterly to Corner 4, Latitude 37° 52.8684955' N., Longitude 76° 11.6402444' W.; thence east-southeasterly to Corner 5, Latitude 37° 52.7924853' N., Longitude 76° 11.0253352' W.; thence southwesterly to Corner 6, Latitude 37° 49.4327736' N., Longitude 76° 13.2409959' W.; thence northwesterly to Corner 7, Latitude 37° 50.0560555' N., Longitude 76° 15.0023234' W.; thence north-northeasterly to Corner 8, Latitude 37° 50.5581183' N., Longitude 76° 14.8772805' W.; thence north-northeasterly to Corner 9, Latitude 37° 52.0260950' N., Longitude 76° 14.5768550' W.; thence northeasterly to Corner 1, ~~said corner being~~ which is the point of beginning.

"White Shoal" means all public grounds and unassigned grounds in that area of the James River, bounded by a line beginning at a point, Corner 1, located at Latitude 37° 01.2430528' N., Longitude 76° 31.8484099' W.; thence northwesterly to Corner 2, Latitude 37° 01.6296514' N., Longitude 76° 32.3400073' W.; thence northwesterly to Corner 3, Latitude 37° 01.9737472' N., Longitude 76° 33.0234175' W.; thence westerly to Corner 4, Latitude 37° 02.3528838' N., Longitude 76° 32.7785342' W.; thence southeasterly to Corner 5, Latitude 37° 01.7124499' N., Longitude 76° 31.8210668' W.; thence southeasterly to Corner 6, Latitude 37° 01.3285092' N., Longitude 76° 31.0444525' W.; thence westerly to Corner 1, which is the point of beginning.

"Yeocomico River Area" means that area of the North West Yeocomico River, inside Public Ground 8 of Westmoreland County, and those areas of the South Yeocomico River inside Public Grounds 100, 102, 104, 107, and 112 of Northumberland County described as:

Public Ground 8 of Westmoreland County is located in the North West Yeocomico River, beginning at a point approximately 1,455 feet northeast of Crow Bar and 1,850 feet northwest of White Point, said point being Corner 1, located at Latitude 38° 02.7468214' N., Longitude 76° 33.0775726' W.; thence southeasterly to Corner 2, Latitude 38° 02.7397202' N., Longitude 76° 33.0186286' W.; thence southerly to Corner 3, Latitude 38° 02.6021644' N., Longitude 76° 33.0234175' W.; thence westerly to Corner 4, Latitude 38° 02.6006669' N., Longitude 76° 33.0824799' W.; thence northerly to Corner 1, ~~said corner being~~ which is the point of beginning.

Public Ground 100 of Northumberland County is located in the South Yeocomico River, beginning at said point being Corner 1, located at Latitude 38° 00.2292779' N., Longitude 76° 32.2244222' W.; thence southwesterly to Corner 2, Latitude 38° 00.2183904' N., Longitude 76° 32.2488009' W.; thence westerly to Corner 3, Latitude 38° 00.2156893' N., Longitude 76° 32.3156220' W.; thence northwesterly to Corner 4, Latitude 38° 00.4024997' N., Longitude 76° 32.3338888' W.; thence continuing northeasterly to Corner 5, Latitude 38° 00.5806170' N., Longitude 76° 32.1957546' W.; thence continuing easterly to Corner 6, Latitude 38° 00.5798424' N., Longitude 76° 31.9506788' W., thence continuing southeasterly to Corner 7, Latitude 38° 00.5076459' N., Longitude 76° 31.9387425' W.; thence heading along the mean low water southwesterly to Corner 1, ~~said corner being~~ which is the point of beginning.

Public Ground 102 of Northumberland County is located in the South Yeocomico River, beginning at a point approximately 630 feet south of Mundy Point and 1,745 feet southwest of Tom Jones Point, said point being Corner 1, located at Latitude 38° 01.2138059' N., Longitude 76° 32.5577201' W.; thence east-northeasterly to Corner 2, Latitude 38° 01.2268644' N., Longitude 76° 32.4497849' W.; thence southwesterly to Corner 3, Latitude 38° 01.1091209' N., Longitude 76° 32.5591101' W.; thence northerly to Corner 1, ~~said corner being~~ which is the point of beginning.

Public Ground 104 of Northumberland County is located in the South Yeocomico River, beginning at a point approximately 670 feet north of Walker Point and 1,900 feet northwest of Palmer Point, said point being Corner 1, located at Latitude 38° 00.8841841' N., Longitude 76° 32.6106215' W.; thence southeasterly to Corner 2, Latitude 38° 00.8609163' N., Longitude 76° 32.5296302' W.; thence southeasterly to Corner 3, Latitude 38° 00.6693092' N., Longitude 76° 32.4161866' W.; thence southwesterly to Corner 4, Latitude 38° 00.6418466' N., Longitude 76° 32.5394849' W.; thence northwesterly to Corner 1, ~~said corner being~~ which is the point of beginning.

Public Ground 107 of Northumberland County is located in the South Yeocomico River, beginning at a point approximately 1,000 feet southwest of Barn Point and 1,300 feet northwest of Tom Jones Point, said point being Corner 1, located at Longitude 38° 01.1389367' N., Latitude 76° 32.3425617' W.; thence east-southeasterly to Corner 2, Latitude 38° 01.4106421' N., Longitude 76° 32.1077962' W.; thence southwesterly to Corner 3, Latitude 38° 01.2717197' N., Longitude 76° 32.2917989' W.; thence north-northwesterly to Corner 1, ~~said corner being~~ which is the point of beginning.

Public Ground 112 of Northumberland County is located in the Yeocomico River, beginning at said point being Corner 1, located at Latitude 38° 01.8449428' N., Longitude 76° 32.2191877' W.; thence northeasterly to Corner 2, Latitude 38° 01.8783929' N., Longitude 76° 31.9970988' W.; thence southeasterly to Corner 3, Latitude 38° 01.7997003' N., 76° 31.9569302' W.; thence continuing southeasterly to Corner 4, Latitude 38° 01.6848729' N., Longitude 76° 31.5931801' W.; thence southerly to Corner 5, Latitude 38° 01.5760153' N., 76° 31.5931801' W.; thence westerly to Corner 6, Latitude 38° 01.6860521' N., Longitude 76° 32.2820100' W.; thence northerly to Corner 1, ~~said corner being~~ which is the point of beginning.

"York River Hand Tong Area" means that area of the York River consisting of a portion of Public Ground 31 of Gloucester County (Aberdeen Rock), Public Ground 901 of Gloucester, and King and Queen Counties and that portion of Public Ground 4 of King and Queen County that is in waters approved by the Virginia Department of Health for the harvest of Shellfish (Bell Rock) described as:

Public Ground 31 of Gloucester County, known as Aberdeen Rock, is that portion of Public Ground between a line from Upper York River Green Channel Marker 9, Latitude 37° 19.35986' N., Longitude 76° 35.99789' W.; thence northeasterly to Gum Point, Latitude 37° 19.74276' N., Longitude 76° 35.49063' W.; upstream to a line from the Flashing Yellow VIMS Data Buoy "CB," Latitude 37° 20.4670000' N., Longitude 76° 37.4830000' W.; thence northeasterly to the inshore end of the wharf at Clay Bank.

Public Ground 901 of Gloucester and King and Queen Counties is located in the York River at the mouth of the Propotank River, beginning at said point being Corner 1, located at Latitude 37° 26.0291178' N., Longitude 76° 42.4769473' W.; thence northwesterly to Corner 2, Latitude 37° 26.1502199' N., Longitude 76° 42.5504403' W.; thence continuing northwesterly to Corner 3, Latitude 37° 26.2593188' N., Longitude 76° 42.5639668' W.; thence southeasterly to Corner 4, Latitude 37° 26.0537949' N., Longitude 76° 42.3217587' W.; thence southwesterly to Corner 5, Latitude 37° 26.0023548' N., Longitude 76° 42.4076221' W.; thence northwesterly to Corner 1, ~~said corner being~~ which is the point of beginning.

Public Ground 4 of King and Queen County, known as Bell Rock, is located in the York River, beginning at said point being Corner 1, located at Latitude 37° 29.1377467' N., Longitude 76° 45.0390139' W.; thence southerly to Corner 2, Latitude 37° 29.0456979' N., Longitude 76° 45.0642131' W.; thence northwesterly to Corner 3, Latitude 37° 29.5582048' N., Longitude 76° 45.8484481' W.; thence continuing northwesterly to Corner 4, Latitude 37° 29.8480848' N., Longitude 76° 46.5362330' W.; thence northeasterly to Corner 5, Latitude 37° 30.0087805' N., Longitude 76° 46.3513889' W.; thence continue southeasterly to Corner 6, Latitude 37° 29.6554103' N., Longitude 76° 45.5620462' W., thence continuing southeasterly to Corner 7, Latitude 37° 29.1838193' N., Longitude 76° 44.8908342' W., thence continue southeasterly to Corner 8, Latitude 37° 29.1094227' N., Longitude 76° 44.7985114' W., thence continue southeasterly to Corner 9, Latitude 37° 28.9796379' N., Longitude 76° 44.6726329' W., thence continue southeasterly to Corner 10, Latitude 37° 28.7771294' N., Longitude 76° 44.5058580' W., thence continue southeasterly to Corner 11, Latitude 37° 28.6286905' N., Longitude 76° 44.4140389' W., thence continue southeasterly to Corner 12, Latitude 37° 28.4745509' N., Longitude 76° 44.3267558' W., thence continue southeasterly to Corner 13, Latitude 37° 28.4379124' N., Longitude 76° 44.2964890' W., thence continue southeasterly to Corner 14, Latitude 37° 28.3255929' N., Longitude 76° 44.2037875' W., thence continue southeasterly to Corner 15, Latitude 37° 28.2389865' N., Longitude 76° 44.1706101' W., thence continue southeasterly to Corner 16, Latitude 37° 28.2157560' N., Longitude 76° 44.1552324' W., thence westerly to Corner 17, Latitude 37° 28.1396622' N., Longitude 76° 44.3698473' W., thence northerly to Corner 18, Latitude 37° 28.7398061' N., Longitude 76° 44.7807027' W., thence continue northerly to Corner 19, Latitude 37° 28.8838652' N., Longitude 76° 44.8818391' W., thence easterly to Corner 20, Latitude 37° 28.9140411' N., Longitude 76° 44.8163514' W. thence northwesterly to Corner 1, ~~said corner being~~ which is the point of beginning.

"York River Rotation Area 1" means all public grounds in the York River, within Gloucester County, between a line from Upper York River Flashing Red Channel Marker "8", Latitude 37° 17.8863666' N., Longitude 76° 34.6534166' W.; thence northeasterly to Red Day Marker "2" at the mouth of Cedar Bush Creek, Latitude 37° 18.6422166' N., Longitude 76° 33.8216000' W.; upstream to a line from the Upper York River Green Channel Marker 9, Latitude 37° 19.35986' N., Longitude 76° 35.99789' W.; thence northeasterly to Gum Point, Latitude 37° 19.7427600' N., Longitude 76° 35.4906300' W.

"York River Rotation Area 2" means all public grounds in the York River, within Gloucester County, from the George P. Coleman Memorial Bridge (U.S. Route 17), upstream to a line from Upper York River Flashing Red Channel Marker "8", Latitude 37° 17.8863666' N., Longitude 76° 34.6534166' W.; thence northeasterly to Red Day Marker "2" at the mouth of Cedar Bush Creek, Latitude 37° 18.6422166' N., Longitude 76° 33.8216000' W.

4VAC20-720-30. Standing stock criteria.

Any public oyster ground or unassigned ground may be closed to harvest by the Commissioner of ~~the~~ Marine Resources ~~Commission,~~ when it is determined ~~by the Oyster Replenishment Department~~ that the standing stock of oysters has been depleted by 50% or more. The initial estimate of standing stock for each area shall be the volume of oysters as of October 1 of the current year as determined by the ~~Oyster Replenishment Department~~ Marine Resources Commission.

4VAC20-720-40. Open oyster harvest season, harvest areas, and harvest limits.

A. It shall be unlawful for any person to harvest oysters from public and unassigned grounds, except within the dates and areas and with the harvest gears set forth in this section.

B. It shall be unlawful to harvest clean cull oysters from the public oyster grounds and unassigned grounds, except within the seasons and areas and with the harvest gears as described in Table 1 in this subsection.

It shall be unlawful to exceed the daily individual bushel harvest limit or the daily vessel bushel limit of clean cull oysters in Table 1 in this subsection.

Table 1 Clean Cull Oyster Harvest Area, Harvest Dates, Harvest Gear, and Daily Bushel Limits
Harvest Area	Harvest Dates	Harvest Gear	Daily Individual Bushel Limit	Daily Vessel Bushel Limit
Great Wicomico River Rotation Area 1	~~January~~ December 1, 2025, through ~~January~~ December 31, 2025	Hand Scrape	8	16
Great Wicomico River Rotation Area 2	~~December~~ January 1, ~~2024~~ 2026, through ~~December~~ January 31, ~~2024~~ 2026	Hand Scrape	8	16
James River ~~Area~~ Areas 1, 2, and 3	October 16 15, ~~2024~~ 2025, through March 31, ~~2025~~ 2026	Hand Scrape	8	16
~~Middle Ground~~	~~March 1, 2025, through March 14, 2025~~	~~Hand Scrape~~	8	16
Mobjack Bay Area	February 1, ~~2025~~ 2026, through ~~February 28, 2025~~ March 15, 2026	Hand Scrape	8	16
Piankatank River Area	~~March 1, 2025~~ February 1, 2026, through March 14 15, ~~2025~~ 2026	Hand Scrape	8	16
Pocomoke Sound Area Public Ground 11 10	~~November 1, 2024, through November 15, 2024 and~~ February 1 16, ~~2025~~ 2026, through February 14 28, ~~2025~~ 2026	Hand Scrape	8	16
Rappahannock River Area 7	December 1, ~~2024~~ 2025, through December 31, ~~2024~~ 2025	Hand Scrape	8	16
Rappahannock River Area 8	January 1, ~~2025~~ 2026, through January 31, ~~2025~~ 2026	Hand Scrape	8	16
Rappahannock River Rotation Area 3 2	February 1, ~~2025~~ 2026, through March 14 15, ~~2025~~ 2026	Hand Scrape	8	16
Rappahannock River Rotation Area 5 4	October 16 15, ~~2024~~ 2025, through November 30, ~~2024~~ 2025	Hand Scrape	8	16
Upper Chesapeake Bay - Blackberry Hangs Area	February 1, ~~2025~~ 2026, through March 14 15, ~~2025~~ 2026	Hand Scrape	8	16
White Shoal	November 1, 2025, through February 28, 2026	Hand Scrape	8	16
~~York River Rotation Area 1~~	~~January 1, 2025, through January 31, 2025~~	~~Hand Scrape~~	8	16
~~York River Rotation Area 2~~	~~February 1, 2025, through March 14, 2025~~	~~Hand Scrape~~	8	16
~~Coan River Area~~	~~October 1, 2024, through December 31, 2024~~	~~Hand Tong~~	14	28
Corrotoman Hand Tong Area	October 1, ~~2024~~ 2025, through March 31, ~~2025~~ 2026	Hand Tong	14	28
Indian Creek	October 1, ~~2024~~ 2025, through March 31, ~~2025~~ 2026	Hand Tong	14	28
~~Great Wicomico River Hand Tong Area~~	~~October 1, 2024, through December 31, 2024~~	~~Hand Tong~~	14	28
James River Seed Area~~, including the James River Seed Area~~, including the Deep Water Shoal State Replenishment Seed Area	October 1, ~~2024~~ 2025, through May 30 31, ~~2025~~ 2026	Hand Tong	14	28
James River Areas 1, 2, and 3	October 1, 2025, through October 14, 2025, and April 1, 2026, through May 31, 2026	Hand Tong	14	28
Little Wicomico River	October 1, ~~2024~~ 2025, through December 31, ~~2024~~ 2025	Hand Tong	14	28
Milford Haven	December 1, ~~2024~~ 2025, through February 28, ~~2025~~ 2026	Hand Tong	14	28
Mobjack Bay Area	October 1, 2025, through January 31, 2026	Hand Tong	14	28
Nomini Creek Area	October 1, ~~2024~~ 2025, through December 31, ~~2024~~ 2025	Hand Tong	14	28
Piankatank River ~~Hand Tong~~ Area	~~March~~ October 1, 2025, through ~~March 14, 2025~~ January 31, 2026	Hand Tong	14	28
Pocomoke Sound Area Public Ground 11 10	~~November 16, 2024, through January 31, 2025, and February 15, 2025~~ October 1, 2025, through February 15, 2026, and March 1, 2026, through March 31, ~~2025~~ 2026	Hand Tong	14	28
Pocomoke Sound Hand Tong Area ~~Public Ground 9 and 10~~	~~November~~ October 1, ~~2024~~ 2025, through March 31, ~~2025~~ 2026	Hand Tong	14	28
~~Rappahannock River Area 7~~	~~October 1, 2024, through November 30, 2024, and January 1, 2025, through March 31, 2025~~	~~Hand Tong~~	14	28
~~Rappahannock River Area 8~~	~~October 1, 2024, through December 31, 2024, and February 1, 2025, through March 31, 2025~~	~~Hand Tong~~	14	28
Rappahannock River Area 9	October 1, ~~2024~~ 2025, through March 31, ~~2025~~ 2026	Hand Tong	14	28
~~Yeocomico River Area~~	~~October 1, 2024, through December 31, 2024~~	~~Hand Tong~~	14	28
White Shoal	October 1, 2025, through October 31, 2025, and March 1, 2026, through May 31, 2026	Hand Tong	14	28
York River Hand Tong Area	October 16 1, ~~2024~~ 2025, through March 14 15, ~~2025~~ 2026	Hand Tong	14	28
York River Rotation ~~Area~~ Areas 1 and 2	~~November 1, 2024, through December 31, 2024, and February~~ October 1, 2025, through March 31 15, ~~2025~~ 2026	Hand Tong	14	28
~~York River Rotation Area 2~~	~~November 1, 2024, through January 31, 2025~~	~~Hand Tong~~	14	28
~~Hurleys Rock Area~~	~~March 1, 2025, through March 14, 2025~~	~~Oyster Dredge~~	8	16
~~Pocomoke Sound Rotation Area 2~~	~~November 16, 2024, through February 14, 2025~~	~~Oyster Dredge~~	8	16
Pocomoke and Tangier Sound Rotation Area 2 1	December 1, ~~2024~~ 2025, through February 28, ~~2025~~ 2026	Oyster Dredge	8	16
Thorofare	November 15, 2025, through November 30, 2025	Oyster Dredge	8	16
~~Larsons Bay Area~~	~~October 1, 2024, through December 31, 2024~~	~~Patent Tong~~	8	16
Deep Rock Area and Chesapeake Bay Patent Tong Area	November 1, ~~2024~~ 2025, through March 31, ~~2025~~ 2026	Patent Tong	8	16
~~Rappahannock River Rotation Area 1~~	~~October 1, 2024, through December 31, 2024~~	~~Patent Tong~~	8	16
Seaside Eastern Shore	November 1, ~~2024~~ 2025, through ~~April 30, 2025~~ March 31, 2026	By Hand or Hand Tong	14	28

C. It shall be unlawful to harvest seed oysters from the public oyster grounds or unassigned grounds, except within the dates and areas and with the harvest gears described in Table 2 in this subsection.

Table 2.

Seed Oyster Harvest Area, Harvest Dates, and Harvest Gear

Harvest Area

Harvest Dates

Harvest Gear

James River Seed Area, including the Deep Water Shoal State Replenishment Seed Area

October 1, ~~2024~~ 2025, through May 31, ~~2025~~ 2026

Hand Tong

D. In the Pocomoke and Tangier Sounds Rotation Areas, it shall be unlawful to possess on board any vessel more than 250 hard clams.

E. It shall be unlawful to possess any blue crabs on board any vessel with an oyster scrape or oyster dredge.

F. It shall be unlawful for any person or vessel to harvest clean cull oysters with more than one gear type in any single day from the public oyster grounds or unassigned grounds in the waters of the Commonwealth of Virginia.

4VAC20-720-60. Day and time limit.

A. It shall be unlawful to take, catch, or possess oysters on Saturday and Sunday from the public oyster grounds or unassigned grounds in the waters of the Commonwealth of Virginia for commercial purposes, except that this provision shall not apply to any person harvesting no more than one bushel per day by hand or ordinary tong for household use only during the season when the public oyster grounds or unassigned grounds are legally open for harvest.

B. It shall be unlawful to do any of the following from the harvest areas described in Table 1 or Table 2 of 4VAC20-720-40:

1. Harvest or attempt to harvest oysters prior to sunrise or after sunset.

2. For any vessel to leave the dock until one hour before sunrise or return to the dock after sunset if the vessel has an oyster dredge or hand scrape aboard.

3. From October 1 through October 31, for any person to harvest or attempt to harvest clean cull oysters after 11 a.m. ~~and from May 1 through May 30, to harvest or attempt to harvest clean cull oysters after 10 a.m.~~

4. Beginning November 1, for any person to harvest or attempt to harvest clean cull oysters after noon with patent tongs, hand scrapes, or oyster dredges.

5. For any person to harvest or attempt to harvest oysters after 2 p.m. with hand tongs.

~~In addition, it shall be unlawful for any vessel to leave the dock until one hour before sunrise or return to the dock after sunset if the vessel has an oyster dredge or hand scrape aboard.~~

4VAC20-720-70. Gear restrictions.

A. It shall be unlawful for any person to harvest oysters in the James River Seed Area, including the Deep Water Shoal State Replenishment Seed Area, except by hand tong. It shall be unlawful for any person to have a hand scrape or oyster dredge on board a boat that is harvesting or attempting to harvest oysters from public grounds by hand tong. When used in catching of seed oysters, hand tongs shall be operated entirely by hand from the surface of the water and have no external or internal power source. When used in catching clean cull oysters, hand tongs may use power to assist lifting the tongs with a single lifting cable or rope attached at only a single point on one shaft of the tongs.

B. It shall be unlawful to harvest oysters by any gear from the seaside of the Eastern Shore except by hand or hand tong. It shall be unlawful to harvest oysters that are not submerged at mean low water by any gear other than by hand.

C. It shall be unlawful for any person to have more than one hand scrape on board ~~his~~ the vessel while he the person is harvesting oysters or attempting to harvest oysters from public grounds. It shall be unlawful for any person to have a hand tong on board ~~his~~ the vessel while he the person is harvesting or attempting to harvest oysters from public grounds by hand scrape.

TITLE 8. EDUCATION

STATE BOARD OF EDUCATION

Fast-Track Regulation

Title of Regulation: 8VAC20-23. Licensure Regulations for School Personnel (amending 8VAC20-23-540).

Statutory Authority: §§ 22.1-298.1 and 22.1-299 of the Code of Virginia.

Public Hearing Information: No public hearing is currently scheduled.

Public Comment Deadline: December 17, 2025.

Effective Date: January 1, 2026.

Agency Contact: Jim Chapman, Director of Board Relations, Department of Education, James Monroe Building, 101 North 14th Street, 25th Floor, Richmond, VA 23219, telephone (804) 750-8750, or email jim.chapman@doe.virginia.gov.

Basis: Section 22.1-16 of the Code of Virginia authorizes the State Board of Education to promulgate regulations to carry out its powers and duties and the provisions of Title 22.1 of the Code of Virginia. Sections 22.1-298.1 and 22.1-299 of the Code of Virginia specifically require the board to promulgate regulations concerning teacher licensure.

Purpose: This action is essential to protect the health, safety, or welfare of citizens because it will open compliance pathways by removing the requirement for coursework earned toward an early childhood special education endorsement to be at the graduate level, which could help fill at least 70 positions in the future, and aligns the requirements with all other special education endorsements.

Rationale for Using Fast-Track Rulemaking Process: This action is expected to be noncontroversial and therefore appropriate for the fast-track rulemaking process because it (i) opens compliance pathways by removing the requirement for coursework earned toward an early childhood special education endorsement to be at the graduate level and (ii) aligns the requirements with all other special education endorsements.

Substance: This action removes the term "graduate" from the requirement that a candidate for the early childhood special education endorsement have earned a baccalaureate degree from an accredited institution and completed a major in early childhood special education or 27 semester hours in early childhood special education.

Issues: The primary advantage to both the Commonwealth and the public is that this action removes an arbitrary graduate-level course requirement for those wishing to add the early childhood special education endorsement to their license outside of an approved program pathway. There are no disadvantages to the Commonwealth or the public.

Department of Planning and Budget Economic Impact Analysis:

The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Code of Virginia and Executive Order 19. The analysis presented represents DPB's best estimate of the potential economic impacts as of the date of this analysis.¹

Summary of the Proposed Amendments to Regulation. The State Board of Education (board) proposes to allow undergraduate level courses to meet the current graduate level course requirement in one of the pathways to obtain the early childhood special education (ECSPED) endorsement for teachers.

Background. Currently, one of the pathways to obtain the ECSPED endorsement is via earning a baccalaureate degree from an accredited institution and completing a major in ECSPED. The regulation also allows substitution of the required major with 27 semester graduate hours in ECSPED. The proposal would strike the word graduate, effectively allowing applicants with 27 hours of undergraduate credit in ECSPED in lieu of a major which would expand the pool of applicants beyond those who have the required graduate level credits.

The proposed change resulted from the Advisory Board on Teacher Education and Licensure (ABTEL), which recommended additional teachers with the ECSPED endorsement.² The Department of Education (DOE) reports that the ECSPED endorsement is a combination of the two top critical shortage teaching endorsement areas for 2025-2026: Special Education PreK-12 and Elementary Education PreK-6.³ Also, DOE states that the secondary driver for this change is to align the requirements with all other special education endorsements where graduate level credits are not stipulated. Moreover, DOE reports that over the past two years, Virginia has seen a 24% increase in the number of children identified with a disability for ages two to five who attend preschool. DOE notes the need for additional teachers with the ECSPED endorsement has been longstanding, with the percentage of vacancies or individuals teaching out of their endorsed area ranging from 7% to 9% over the past 6 years.

Estimated Benefits and Costs. The main economic impact of the proposal is to address the shortage of teachers with the ECSPED endorsement as a result of rising vacancies and the increase in the number of children identified with a disability for children two to five years of age attending preschool. DOE estimates that this change combined with another ABTEL recommendation, which is not part of this action, could fill at least 70 hard-to-fill positions in the future. Thus, we can infer that the proposal would help fill a portion of the present vacancies. It is also likely that less onerous credit hours may lead to some applicants being able to already meet the proposed requirement while also making it easier for those interested in earning this endorsement in the future. Those who may already have the 27 hours of undergraduate credits would have their job prospects improved and would be able to obtain this endorsement sooner and possibly start earning higher wages. Those who may not have the 27 hours of undergraduate credit at present would also be incentivized to consider obtaining the endorsement as it would be easier to obtain and at a lower cost. The ABTEL recommendation notes that the current path requires a large time commitment and significant financial resources.⁴ Data from DOE shows that there are 10 colleges or universities that offer the ECSPED endorsement. The cost difference of a credit hour between graduate and undergraduate level in-state students among the 10 colleges varies from $38/credit to $463/credit at the individual level, the average being $164/credit ($600 vs. $436) representing a 27% reduction. Thus, on average, the 27 undergraduate credit hours would lower the tuition costs by $4,428 (27 hours x $164/credit) per student. For 70 vacancies, the statewide cost savings in tuition costs would be $309,960 (70 x $4,428). However, only a portion of this amount would be the result of the proposal in this action as the 70-position estimate includes another proposal that is not part of this action. The likely savings in tuition for students may not necessarily result in a revenue reduction for universities/colleges offering graduate classes toward the ECSPED endorsement. It is because the proposal would also incentivize more individuals obtaining the endorsement through the undergraduate credit route which would add to the school revenues that may more than offset the loss of revenue from graduate credit hours. Relatedly, DOE does not believe that there would be a reduction in demand for graduate degrees in this field. DOE believes that there are many more important factors that affect one's decision to obtain a graduate degree such as planning a career in academia, one's ambition to obtain a graduate degree for various reasons including better job prospects and a genuine interest in a higher level of diploma. Moreover, the school divisions may also see some financial savings as DOE reports that salary scale would be lower for those that earned the endorsement without a graduate degree. Finally, the proposal is not expected to decrease the quality of instruction for children two to five years of age. DOE states that the current graduate level credit requirement is arbitrary and there is no meaningful distinction between the quality of instruction based on one's graduate or undergraduate credit hours. This stems from the fact that instruction of children in the relevant age brackets is seen as basic and thus undergraduate level classes are sufficient.

Businesses and Other Entities Affected. Based on ABTEL's analysis and DOE, in the 2021-2022 school year there were 832 ECSPED positions with 70 vacancies, 10 colleges or universities that offered both graduate and undergraduate credit hours, and 13,379 children identified with a disability two to five years of age and in preschool. The proposed change does not appear to have a disproportional impact. The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.⁵ An adverse impact is indicated if there is any increase in net cost or reduction in net benefit for any entity, even if the benefits exceed the costs for all entities combined.⁶ As noted above, the expected revenue reduction for colleges/universities may be more than offset and no quality impact on teacher instruction is expected. Thus, no adverse impact is indicated.

Small Businesses⁷ Affected.⁸ The proposed amendments do not appear to adversely affect small businesses.

Localities⁹ Affected.¹⁰ The proposal does not introduce costs for localities. To the extent the proposal provides savings for school divisions and provides relief from reduced demand on local funds, it would be beneficial for school divisions throughout the Commonwealth.

Projected Impact on Employment. The proposed amendment is expected to help fill a portion of 70 vacancies identified. However, some or all applicants may have other jobs. Thus, the impact on total employment is not known.

Effects on the Use and Value of Private Property. No significant effect on the use and value of private property nor on real estate development costs is expected.

_____________________________

¹ Section 2.2-4007.04 of the Code of Virginia requires that such economic impact analyses determine the public benefits and costs of the proposed amendments. Further the analysis should include but not be limited to: (1) the projected number of businesses or other entities to whom the proposed regulatory action would apply, (2) the identity of any localities and types of businesses or other entities particularly affected, (3) the projected number of persons and employment positions to be affected, (4) the projected costs to affected businesses or entities to implement or comply with the regulation, and (5) the impact on the use and value of private property.

²https://www.doe.virginia.gov/home/showpublisheddocument/61199/638802359734430000 .

³ https://www.doe.virginia.gov/teaching-learning-assessment/teaching-in-virginia/education-workforce-data-reports.

⁴ Ibid, (page 7).

⁵ Pursuant to § 2.2-4007.04 D: In the event this economic impact analysis reveals that the proposed regulation would have an adverse economic impact on businesses or would impose a significant adverse economic impact on a locality, business, or entity particularly affected, the Department of Planning and Budget shall advise the Joint Commission on Administrative Rules, the House Committee on Appropriations, and the Senate Committee on Finance. Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation.

⁶ Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation. As a result, DPB has adopted a definition of adverse impact that assesses changes in net costs and benefits for each affected Virginia entity that directly results from discretionary changes to the regulation.

⁷ Pursuant to § 2.2-4007.04, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million."

⁸ If the proposed regulatory action may have an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include: (1) an identification and estimate of the number of small businesses subject to the proposed regulation, (2) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the proposed regulation, including the type of professional skills necessary for preparing required reports and other documents, (3) a statement of the probable effect of the proposed regulation on affected small businesses, and (4) a description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation. Additionally, pursuant to § 2.2-4007.1 of the Code of Virginia, if there is a finding that a proposed regulation may have an adverse impact on small business, the Joint Commission on Administrative Rules shall be notified.

⁹ "Locality" can refer to either local governments or the locations in the Commonwealth where the activities relevant to the regulatory change are most likely to occur.

¹⁰ Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

Agency Response to Economic Impact Analysis: The State Board of Education thanks the Department of Planning and Budget for its thorough economic impact analysis.

Summary:

The amendment removes an arbitrary graduate-level course requirement for those wishing to add the early childhood special education endorsement to a license outside of an approved program pathway, which opens compliance pathways and aligns the requirements with all other special education endorsements.

8VAC20-23-540. Special education early childhood (birth-age five years).

Endorsement requirements. The candidate shall have:

1. Earned a baccalaureate degree from an accredited institution and graduated from an approved teacher preparation program in early childhood special education; or

2. Earned a baccalaureate degree from an accredited institution and completed a major in early childhood special education or 27 semester ~~graduate~~ hours in early childhood special education, including at least one course in each of the following:

a. Foundations and legal aspects of special education: three semester hours;

b. Assessment for diagnosis, program planning, and curriculum-based measurement to document progress for young children with typical development, disabling, and at-risk conditions: three semester hours;

c. Curriculum and instructional programming for preschool. Coursework in language development and English-Language Arts must be grounded in science-based reading research and evidence-based literacy instruction: three semester hours;

d. Speech and language development and intervention: three semester hours;

e. Medical aspects: three semester hours;

f. Social and emotional skills and behavior management for early childhood: three semester hours;

g. Consultation, co-teaching, coaching, and mentoring: three semester hours;

h. Family-centered intervention: three semester hours; and

i. Early childhood elective: three semester hours.

TITLE 8. EDUCATION

STATE BOARD OF EDUCATION

Fast-Track Regulation

Titles of Regulations: 8VAC20-23. Licensure Regulations for School Personnel (amending 8VAC20-23-10).

8VAC20-410. Regulations Governing Allowable Credit for Teaching Experience (repealing 8VAC20-410-10).

Statutory Authority: §§ 22.1-16, 22.1-298.1, and 22.1-299 of the Code of Virginia.

Public Hearing Information: No public hearing is currently scheduled.

Public Comment Deadline: December 17, 2025.

Effective Date: January 1, 2026.

Agency Contact: Jim Chapman, Director of Board Relations, Department of Education, James Monroe Building, 101 North 14th Street, 25th Floor, Richmond, VA 23219, telephone (804) 750-8750, or email jim.chapman@doe.virginia.gov.

Basis: Section 22.1-16 of the Code of Virginia authorizes the State Board of Education to promulgate regulations necessary to carry out its powers and duties and the provisions of Title 22.1 of the Code of Virginia. Additionally, §§ 22.1-298.1 and 22.1-299 of the Code of Virginia require the board to promulgate regulations concerning teacher licensure.

Purpose: This action is essential to protect the health, safety, and welfare of citizens because it allows the public to have a clear definition of "teaching experience" as it is used in 8VAC20-23.

Rationale for Using Fast-Track Rulemaking Process: The action is expected to be noncontroversial because it does not change underlying board policy, but instead moves the language found under 8VAC20-410 to a definition in 8VAC20-23, where it will better serve stakeholders.

Substance: The amendments (i) repeal Licensure Regulations for School Personnel (8VAC20-410) and (ii) add the language of 8VAC20-410 as a definition of "teaching experience" in 8VAC20-23-10.

Issues: The primary advantage to both the Commonwealth and the public is enhanced clarity and streamlining of the board's regulatory catalogue. There are no disadvantages to the Commonwealth or the public.

Department of Planning and Budget Economic Impact Analysis:

The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Code of Virginia and Executive Order 19. The analysis presented represents DPB's best estimate of the potential economic impacts as of the date of this analysis.¹

Summary of the Proposed Amendments to Regulation. As the result of a 2024 periodic review, the State Board of Education (board) is proposing a fast-track action to repeal the Regulations Governing Allowable Credit for Teaching Experience (8VAC20-410) and amend the Licensure Regulations for School Personnel (8VAC20-23) to include similar text.

Background. Regulations Governing Allowable Credit for Teaching Experience (8VAC20-410) consists of one section, 8VAC20-410-10 that is entitled Teaching experience credit. The regulation lists five types of experiences that can be used to obtain teaching experience credit. The regulation also provides that teachers in the field of vocational education, where the requirement calls for occupational work experience beyond the apprenticeship level, may be allowed credit for one year of teaching experience for each two years of work experience. According to the Department of Education, Regulations Governing Allowable Credit for Teaching Experience (8VAC20-410) merely clarifies requirements in Licensure Regulations for School Personnel (8VAC20-23). Consequently, the board proposes to repeal 8VAC20-410 and place its contents in 8VAC20-23.²

Estimated Benefits and Costs. Moving the contents of 8VAC20-410 into 8VAC20-23 has no impact on requirements. It is potentially moderately beneficial if there are future readers of Licensure Regulations for School Personnel (8VAC20-23) who become aware of the provisions currently within 8 VAC 20-410 who otherwise would not have been aware.

Businesses and Other Entities Affected. The requirement pertains to the 131 school divisions in the Commonwealth and their teachers and teacher candidates. The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.³ An adverse impact is indicated if there is any increase in net cost or reduction in net benefit for any entity, even if the benefits exceed the costs for all entities combined.⁴ As the proposal neither increases cost nor reduces benefit, no adverse impact is indicated.

Small Businesses⁵ Affected.⁶ The proposal does not adversely affect small businesses.

Localities⁷ Affected.⁸ The proposal neither disproportionally affects particular localities nor affects costs for local governments.

Projected Impact on Employment. The proposal does not affect employment.

Effects on the Use and Value of Private Property. The proposal affects neither the use and value of private property nor costs related to the development of real estate.

_____________________________

¹ Section 2.2-4007.04 of the Code of Virginia requires that such economic impact analyses determine the public benefits and costs of the proposed amendments. Further the analysis should include but not be limited to: (1) the projected number of businesses or other entities to whom the proposed regulatory action would apply, (2) the identity of any localities and types of businesses or other entities particularly affected, (3) the projected number of persons and employment positions to be affected, (4) the projected costs to affected businesses or entities to implement or comply with the regulation, and (5) the impact on the use and value of private property.

² The proposed new text in 8 VAC 20-23 is not completely identical to the text currently in 8VAC20-410, but the meaning is the same..

³ Pursuant to § 2.2-4007.04 D: In the event this economic impact analysis reveals that the proposed regulation would have an adverse economic impact on businesses or would impose a significant adverse economic impact on a locality, business, or entity particularly affected, the Department of Planning and Budget shall advise the Joint Commission on Administrative Rules, the House Committee on Appropriations, and the Senate Committee on Finance. Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation.

⁴ Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation. As a result, DPB has adopted a definition of adverse impact that assesses changes in net costs and benefits for each affected Virginia entity that directly results from discretionary changes to the regulation.

⁵ Pursuant to § 2.2-4007.04, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million."

⁶ If the proposed regulatory action may have an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include: (1) an identification and estimate of the number of small businesses subject to the proposed regulation, (2) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the proposed regulation, including the type of professional skills necessary for preparing required reports and other documents, (3) a statement of the probable effect of the proposed regulation on affected small businesses, and (4) a description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation. Additionally, pursuant to § 2.2-4007.1 of the Code of Virginia, if there is a finding that a proposed regulation may have an adverse impact on small business, the Joint Commission on Administrative Rules shall be notified.

⁷ "Locality" can refer to either local governments or the locations in the Commonwealth where the activities relevant to the regulatory change are most likely to occur.

⁸ Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

Agency Response to the Economic Impact Analysis: The State Board of Education thanks the Department of Planning and Budget for its thorough economic impact analysis.

Summary:

The amendments (i) repeal Regulations Governing Allowable Credit for Teaching Experience (8VAC20-410) and (ii) add the language of 8VAC20-410 as a definition of "teaching experience" in 8VAC20-23-10.

8VAC20-23-10. Definitions.

The following words and terms when used in this chapter shall have the meanings indicated unless the context clearly implies otherwise:

"Accredited institution" means an institution of higher education accredited by an accrediting agency recognized by the U.S. Department of Education.

"Accredited virtual school or program" means a virtual school or program accredited by one of the accrediting agencies recognized by the Virginia Department of Education. School divisions operating as multi-division online providers may be deemed as meeting accreditation requirements if a majority of schools are fully accredited by the Virginia Board of Education.

"Alternate route to licensure" means a nontraditional route to licensure available to individuals who meet the criteria specified in guidelines developed by the board or 8VAC20-23-90.

"Approved program" means a professional education program recognized as meeting state standards for the content and operation of such programs so that graduates of the program will be eligible for state licensure. The Virginia Board of Education has the authority to approve programs in Virginia.

"Cancellation" means the withdrawal of a license following the voluntary return of the license by the license holder.

"Career and Technical Education License" means a three-year license available to qualified individuals to teach, either full time or part time, high school career and technical education courses in specific subject areas who meet requirements set forth in this chapter. Individuals issued a three-year Career and Technical Education License shall not be eligible for continuing contract status while teaching under such license and shall be subject to the probationary terms of employment specified in § 22.1-303 of the Code of Virginia.

"Certified program provider" means a provider certified by the Virginia Department of Education to provide preparation and training for applicants seeking the Provisional License specified in 8VAC20-23-90.

"Career and Technical Education or Dual Enrollment License" means a three-year license to solely teach career and technical education courses or dual enrollment courses at public high schools in the Commonwealth issued to any individual who (i) is employed as an instructor by an accredited institution, (ii) is teaching in the specific career and technical education or dual enrollment subject area at such institution in which the individual seeks to teach at a public school, and (iii) complies with the requirements set forth in subdivisions D 1 and D 3 of § 22.1-298.1 of the Code of Virginia. The Virginia Board of Education shall require any such instructor to maintain continuous employment in such position at the institution of higher education as a condition of continued license.

"Collegiate Professional License" means a 10-year, renewable teaching license available to an individual who has satisfied all requirements for licensure set forth in this chapter, including an earned baccalaureate degree from an accredited institution and the professional teacher's assessments prescribed by the Virginia Board of Education.

"Denial" means the refusal to grant a license.

"Division Superintendent License" means a 10-year, renewable license available to an individual who has completed an earned master's degree from an accredited institution and meets the requirements specified in 8VAC20-23-630. The individual's name shall be listed on the Virginia Board of Education's list of eligible division superintendents.

"Evidence-based literacy instruction" means the same as that term is defined in § 22.1-1 of the Code of Virginia.

"Experiential learning" means a process of applying for an initial license through the alternate route as prescribed by the Virginia Board of Education and meeting the criteria specified in 8VAC20-23-90 E to be eligible to request experiential learning credits in lieu of the coursework for the endorsement (teaching) content area.

"Industry certification credential" means an active career and technical education credential that is earned by successfully completing a Virginia Board of Education-approved industry certification examination, being issued a professional license in the Commonwealth, or successfully completing an occupational competency examination.

"International Educator License" means a professional teaching license issued for no more than five years to an exchange teacher with citizenship in a nation other than the United States of America who meets requirements by a state-approved, federally designated Exchange Visitor Program and who is employed as a teacher in a Virginia public school or an accredited nonpublic school.

"Licensure by reciprocity" means a process used to issue a license to an individual coming into Virginia from another state when that individual meets certain conditions specified in this chapter.

"Mentor" means a classroom teacher hired by the local school division who has achieved continuing contract status or other instructional personnel including retired teachers who meet local mentor selection criteria. The mentor should work in the same building as the beginning teacher or be instructional personnel who is assigned solely as a mentor. A mentor should be assigned a limited number of teachers at any time. Instructional personnel who are not assigned solely as mentors should not be assigned to more than four teachers at any time. Mentors guide teachers in the program through demonstrations, observations, and consultations.

"One-Year High School License" means a license valid for one year and renewable thereafter in one-year increments to teach in public high schools for individuals who have met requirements for such license as set forth in this chapter.

"Online Teacher License" means a 10-year, renewable license valid only for teaching online courses. Teachers who hold a five-year or 10-year renewable license issued by the Virginia Board of Education may teach online courses for which they are properly endorsed and do not need to seek this license.

"Postgraduate Professional License" means a 10-year, renewable license available to an individual who has qualified for the Collegiate Professional License and who holds an appropriate earned graduate degree from an accredited institution.

"Professional studies" means courses and other learning experiences designed to prepare individuals in the areas of human development and learning, curriculum and instruction, assessment of and for learning, classroom and behavior management, foundations of education and the teaching profession, language and literacy, and supervised clinical experiences.

"Professional teacher assessment" means those tests or other requirements mandated for licensure as prescribed by the Virginia Board of Education.

"Provisional License" means a nonrenewable license valid for a specified period of time not to exceed three years issued to an individual who has allowable deficiencies for full licensure as set forth in this chapter.

"Pupil Personnel Services License" means a 10-year, renewable license available to an individual who has earned an appropriate graduate degree from an accredited institution with an endorsement as a school counselor, school psychologist, school social worker, or vocational evaluator. This license does not require teaching experience unless otherwise outlined under the specific endorsement's requirements.

"Renewable license" means a license issued by the Virginia Board of Education for 10 years, unless otherwise specified, to an individual who meets all requirements specified in this chapter.

"Reprimand" means a written admonishment of a license holder that does not result in the withdrawal of a license.

"Revocation" means the withdrawal of a license.

"School Manager License" means a 10-year, renewable license intended to provide for a differentiation of administrative responsibilities in a school setting. A school manager is licensed to administer noninstructional responsibilities in an educational setting. A school manager is restricted from evaluating teachers, supervising instruction, developing and evaluating curriculum, and serving as a school's student disciplinarian. The license is available to a candidate who holds a baccalaureate degree from an accredited institution; has three years of successful managerial experience; and is recommended for the license by a Virginia school division superintendent.

"Science-based reading research" means the same as that term is defined in § 22.1-1 of the Code of Virginia.

"Suspension" means the temporary withdrawal of a license.

"Technical Professional License" means a 10-year, renewable license available to an individual who has graduated from a public or accredited nonpublic high school (or possesses a Virginia Board of Education-approved high school equivalency credential); has exhibited academic proficiency, technical competency, and successful occupational experience; and meets the requirements specified in 8VAC20-23-50 A 4.

"Teach For America License" means a two-year provisional license available to an individual who is a participant in Teach For America and meets the requirements specified in 8VAC20-23-50.

"Teaching experience" means experience gained teaching (i) in a public school; (ii) in an accredited institution of higher learning; (iii) in a school operated at a military installation supported by federal tax funds for which academic credit is accepted in Virginia; (iv) in public resident schools, such as the Virginia School for the Deaf and the Blind; or (v) in private schools for which teachers receive credit under the provisions of the Virginia Retirement System. In the field of vocational education, where a requirement calls for occupational work beyond the apprenticeship level, two years of work experience may be credited for one year of teaching experience.

"Technical Professional License" means a 10-year, renewable license available to an individual who has graduated from a public or accredited nonpublic high school (or possesses a Virginia Board of Education-approved high school equivalency credential); has exhibited academic proficiency, technical competency, and successful occupational experience; and meets the requirements specified in 8VAC20-23-50 A 4.

"Universal licensure by reciprocity" means the issuance of a license as a teacher in the Commonwealth to any individual who holds a valid out-of-state teaching license with full credentials and without deficiencies that has been in force and in use by the individual as an employed teacher in a nonvirtual classroom setting at a public or private elementary or secondary school for at least three years prior to and is in force at the time the department receives the individual's application for license as a teacher in the Commonwealth.

TITLE 8. EDUCATION

STATE BOARD OF EDUCATION

Fast-Track Regulation

Titles of Regulations: 8VAC20-23. Licensure Regulations for School Personnel (amending 8VAC20-23-321, 8VAC20-23-322, 8VAC20-23-323, 8VAC20-23-324)

8VAC20-650. Regulations Governing the Determination of Critical Teacher Shortage Areas (amending 8VAC20-650-30).

Statutory Authority:

8VAC20-23-321, 8VAC20-23-322, 8VAC20-23-323, 8VAC20-23-324: §§ 22.1-298.1 and 22.1-299 of the Code of Virginia.

8VAC20-650-30: §§ 22.1-16 and 22.1-290.01 of the Code of Virginia.

Public Hearing Information: No public hearing is currently scheduled.

Public Comment Deadline: December 17, 2025.

Effective Date: January 1, 2026.

Agency Contact: Jim Chapman, Director of Board Relations, Department of Education, James Monroe Building, 101 North 14th Street, 25th Floor, Richmond, VA 23219, telephone (804) 750-8750, or email jim.chapman@doe.virginia.gov.

Basis: Section 22.1-16 of the Code of Virginia authorizes the State Board of Education to promulgate regulations necessary to carry out its powers and duties and the provisions of Title 22.1 of the Code of Virginia. Section 253.13:2 of the Code of Virginia specifically requires the board to establish requirements for the licensing of teachers, principals, superintendents, and other professional personnel.

Purpose: This action is essential to protect the health, safety, and welfare of citizens because it ensures that the board's regulations are aligned with federal requirements.

Rationale for Using Fast-Track Rulemaking Process: This action is expected to be noncontroversial and therefore appropriate for the fast-track rulemaking process because the agency is merely performing technical changes in order to align its regulations with federal requirements.

Substance: Effective July 1, 2020, the U.S. Department of Education no longer categorizes accrediting agencies as "regional" or "national" but instead includes them under a combined umbrella identified as "institutional" or "nationally recognized." The board is no longer permitted to distinguish between regional and national accreditation in its requirements for teacher licensure or approval of education programs at Virginia institutions of higher education based on changes to 34 CFR 600. To address this, the amendments replace references to "regionally accredited college or university" with "accredited institution."

Issues: The primary advantage to the public, the Commonwealth, and the regulated community is that the action aligns the board's requirements with applicable federal requirements. There are no disadvantages to the public, the Commonwealth, or the regulated community.

Department of Planning and Budget Economic Impact Analysis:

The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Code of Virginia and Executive Order 19. The analysis presented represents DPB's best estimate of the potential economic impacts as of the date of this analysis.¹

Summary of the Proposed Amendments to Regulation. The State Board of Education (board) proposes to amend Licensure Regulations for School Personnel (8VAC20-23) and Regulations Governing the Determination of Critical Teacher Shortage Areas (8VAC20-650) to align with federal regulation (34 CFR 600)² concerning post-secondary institution accreditation.

Background. The Licensure Regulations for School Personnel set standards for the licensure of teachers, principals, superintendents, and other professional personnel in Virginia. The Regulations Governing the Determination of Critical Teacher Shortage Areas establish not only the process for making such determinations but also the requirements and selection procedures for the Virginia Teaching Scholarship Loan Program. Both regulations currently refer to regionally accredited colleges and universities. As the result of amendments to 34 CFR 600³ that became effective July 1, 2020, the U.S. Department of Education (USED) no longer categorizes accrediting institutions as either regional or national. The board has already removed the definition of regional accrediting agency and other references to regionally accredited colleges and universities in other sections of 8VAC20-23 and in the Regulations Governing the Review and Approval of Education Programs in Virginia (8VAC20-543.)⁴ The proposed changes would similarly replace the term regionally accredited colleges and universities with accredited institutions in the remaining sections of 8VAC20-23 and in 8VAC20-650. In a letter notifying state agencies of the amendments, USED explained that because the department holds all accrediting agencies to the same standards, distinctions between regional and national accrediting agencies are unfounded.⁵ USED provided several explanations as to why this amendment was necessary in the Federal Register,⁶ including that (i) the existing distinction is largely inapplicable because most regional accreditors operate well outside their historic geographic borders; and (ii) it is designed to counter a detrimental myth that institutions that are regionally accredited are of higher academic quality than institutions that are nationally accredited.⁷

Estimated Benefits and Costs. The benefits and costs of the proposed changes have previously been discussed in the Economic Impact Analysis for the action that first implemented these changes to 8VAC20-23.⁸ The proposed amendments may increase the number of individuals eligible for a teaching license in Virginia and therefore available for hire by local school boards. Specifically, individuals who received their training in other states from institutions that were nationally accredited but not regionally accredited, would newly become eligible for licensure in the Commonwealth. Secondly, universities based outside of the Commonwealth that offer accredited education programs in their other locations, but not at their Virginia campuses (due to a lack of regional accreditation), may start offering teacher training at their Virginia branches. The proposed change to 8VAC20-650 would further allow the Virginia Teaching Scholarship Loan Program to be awarded to teacher candidates from Virginia school divisions at any accredited public or private four-year institution of higher education, rather than only regionally accredited programs. Thus, to the extent that the proposed changes lead to the establishment of new teacher training programs, this change would increase eligibility for the loan program, which is intended to address teacher shortages. As demonstrated by a September 2023 Joint Legislative Audit and Review Commission study (JLARC study),⁹ there are shortages of fully qualified teachers for many local school divisions in the Commonwealth, with some being particularly severe. An increase in the supply of fully qualified licensed teachers could thus be substantially beneficial.

Businesses and Other Entities Affected. The proposed amendments may affect all 131 local school divisions in Virginia by potentially increasing the supply of fully qualified licensed teachers. If this proposed change leads to an increase in the supply of licensed teachers in the Commonwealth, then those local school divisions with the highest teacher vacancy rates would likely be particularly affected in a positive direction. According to the JLARC study, the following school divisions had vacancy rates above ten percent for the 2023-2024 school year: Caroline County, Charles City County, Cumberland County, Essex County, Hampton City, Lancaster County, Lunenburg County, Norfolk City, Northampton County, Nottoway County, Poquoson City, Suffolk City, and Surry County. The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.¹⁰ An adverse impact is indicated if there is any increase in net cost or reduction in net benefit for any entity, even if the benefits exceed the costs for all entities combined.¹¹ The proposed amendments do not appear to directly increase costs or reduce benefits. Thus, no adverse impact is indicated.

Small Businesses¹² Affected.¹³ The proposed amendments do not adversely affect small businesses.

Localities¹⁴ Affected.¹⁵ The proposed amendments may particularly affect those localities with the highest vacancy rates for teachers. Those localities are listed in the Businesses and Other Entities Affected section. The proposal does not appear to increase costs for local governments.

Projected Impact on Employment. The proposed amendments may increase employment in that a higher percentage of teacher positions may be filled.

Effects on the Use and Value of Private Property. The proposed amendments do not appear to directly affect the use and value of private property nor real estate development costs.

_____________________________

¹ Section 2.2-4007.04 of the Code of Virginia requires that such economic impact analyses determine the public benefits and costs of the proposed amendments. Further the analysis should include but not be limited to: (1) the projected number of businesses or other entities to whom the proposed regulatory action would apply, (2) the identity of any localities and types of businesses or other entities particularly affected, (3) the projected number of persons and employment positions to be affected, (4) the projected costs to affected businesses or entities to implement or comply with the regulation, and (5) the impact on the use and value of private property.

² See https://www.ecfr.gov/current/title-34/subtitle-B/chapter-VI/part-600.

³ See https://www.ecfr.gov/current/title-34/subtitle-B/chapter-VI/part-600.

⁴ See https://townhall.virginia.gov/L/ViewStage.cfm?stageid=9654.

⁵ See page one of the letter: https://sacscoc.org/app/uploads/2020/03/State-Authorization-Letter-w-Diane-Signature-2.26.19.pdf.

⁶ See https://www.govinfo.gov/content/pkg/FR-2019-11-01/pdf/2019-23129.pdf.

⁷ See page one of the letter (https://sacscoc.org/app/uploads/2020/03/State-Authorization-Letter-w-Diane-Signature-2.26.19.pdf) and page 58851: https://www.govinfo.gov/content/pkg/FR-2019-11-01/pdf/2019-23129.pdf, respectively.

⁸ See https://townhall.virginia.gov/L/GetFile.cfm?File=93\5972\9654\EIA_DOE_9654_v1.pdf.

⁹ See https://jlarc.virginia.gov/pdfs/reports/Rpt576-3.pdf.

¹⁰ Pursuant to § 2.2-4007.04 D: In the event this economic impact analysis reveals that the proposed regulation would have an adverse economic impact on businesses or would impose a significant adverse economic impact on a locality, business, or entity particularly affected, the Department of Planning and Budget shall advise the Joint Commission on Administrative Rules, the House Committee on Appropriations, and the Senate Committee on Finance. Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation.

¹¹ Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation. As a result, DPB has adopted a definition of adverse impact that assesses changes in net costs and benefits for each affected Virginia entity that directly results from discretionary changes to the regulation.

¹² Pursuant to § 2.2-4007.04, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million."

¹³ If the proposed regulatory action may have an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include: (1) an identification and estimate of the number of small businesses subject to the proposed regulation, (2) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the proposed regulation, including the type of professional skills necessary for preparing required reports and other documents, (3) a statement of the probable effect of the proposed regulation on affected small businesses, and (4) a description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation. Additionally, pursuant to § 2.2-4007.1 of the Code of Virginia, if there is a finding that a proposed regulation may have an adverse impact on small business, the Joint Commission on Administrative Rules shall be notified.

¹⁴ "Locality" can refer to either local governments or the locations in the Commonwealth where the activities relevant to the regulatory change are most likely to occur.

¹⁵ Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

Agency Response to the Economic Impact Analysis: The State Board of Education thanks the Department of Planning and Budget for its thorough economic impact analysis.

Summary:

The amendments replace references to "regionally accredited colleges and universities" with "accredited institutions," a change that aligns the regulations with updated federal standards for categorizing accrediting agencies.

8VAC20-23-321. Dual language (English) endorsement preK-6.

A. The dual language (English) endorsement is to teach dual language (English). Individuals who hold a valid Virginia teaching license with an elementary education endorsement may teach in dual language (English) in the corresponding grade levels noted on the license (such as Early/Primary Education PreK-3/Elementary Education PreK-6).

B. The candidate is subject to the elementary education content assessment and the reading for educators assessment prescribed by the State Board of Education for initial licensure. The State Board of Education prescribed reading and writing assessment is not required for an initial license with an endorsement in dual language (English).

C. Endorsement requirements for dual language (English) preK-6. The candidate shall have:

1. Graduated from an approved teacher preparation program in dual language elementary preK-6; or

2. Earned a baccalaureate degree from ~~a regionally~~ an accredited ~~college or university~~ institution and completed the following semester-hour requirements:

a. English (shall include composition, oral communication, and literature): 12 semester hours or complete six semester hours in English and pass a rigorous elementary subject test prescribed by the State Board of Education;

b. Mathematics (shall include algebra, geometry, probability and statistics, and teaching elementary mathematics): 15 semester hours or complete six hours in mathematics, complete a methods course in teaching elementary mathematics course (three semester hours), and pass a rigorous elementary subject test prescribed by the State Board of Education;

c. Laboratory sciences: 15 semester hours in at least three science disciplines and at least a three credit science methods course or complete nine semester hours (in two science disciplines), complete a methods in teaching elementary science course (three semester hours), and pass a rigorous elementary subject test prescribed by the State Board of Education; and

d. History (shall include American history and world history): six semester hours and social science (shall include geography and economics): six semester hours or complete three semester hours in history, complete three semester hours in social science (geography or economics), complete a methods course in teaching elementary history and social sciences course (three semester hours), and pass a rigorous elementary subject test prescribed by the State Board of Education.

8VAC20-23-322. Dual language (English) preK-6 Add-on endorsement.

A. The dual language (English) preK-6 endorsement is to teach dual language (English). Individuals who hold a valid Virginia teaching license with an elementary education endorsement in the corresponding grade levels noted on the license (such as Early/Primary Education PreK-3 or Elementary Education PreK-6) may teach in dual language (English) without the add-on endorsement. However, the dual language (English) preK-6 add-on endorsement recognizes the candidate's additional preparation in dual language (English).

B. Endorsement requirements.

1. The candidate shall have earned a baccalaureate degree from ~~a regionally~~ an accredited ~~college or university~~ institution and hold a license issued by the State Board of Education with a teaching endorsement in elementary education.

2. The candidate shall have completed an approved teacher preparation program in dual language (English) preK-6 add-on endorsement or completed the following:

a. Three semester hours in curriculum for dual language design and assessment; and

b. A 45-clock-hour practicum in dual language (English) from ~~a regionally~~ an accredited ~~college or university~~ institution. One year of successful, full-time teaching experience in a public school or accredited nonpublic school may be accepted in lieu of the practicum. The experience may be completed under a Provisional License.

8VAC20-23-323. Dual language (target language) endorsement preK-6.

A. The dual language (target language) preK-6 endorsement is to teach dual language in a world language other than English. The target language will be noted on the endorsement.

B. The State Board of Education prescribed reading and writing assessment is not required for an initial license with an endorsement in dual language (target language) endorsement preK-6.

C. Endorsement requirements for dual language (target language) endorsement preK-6. The candidate shall have:

1. Earned a baccalaureate degree from ~~a regionally~~ an accredited ~~college or university~~ institution and graduated from an approved teacher preparation program in dual language (target language) endorsement; or

2. Earned a baccalaureate degree from ~~a regionally~~ an accredited ~~college or university~~ institution, and completed the following requirements:

a. A major in the target language: 12 semester hours in the target language above the intermediate level that must include composition, literature, and conversation or a qualifying score on a foreign language assessment in the target language as prescribed by the State Board of Education;

b. Mathematics: nine semester hours in mathematics that must include methods of teaching elementary mathematics;

c. Laboratory sciences (in two science disciplines): nine semester hours that must include methods of teaching elementary science;

d. History and social sciences: three semester hours in United States history; three semester hours in geography, economics, or United States or comparative government; three semester hours in methods of teaching elementary history and social sciences; and

e. Culture and civilization: three semester hours.

8VAC20-23-324. Dual language (target language) preK-6 add-on endorsement.

A. The dual language (target language) preK-6 add-on endorsement is to teach dual language in a world language other than English. The target language will be noted on the endorsement.

B. Endorsement requirements. The candidate shall have:

1. Earned a baccalaureate degree from ~~a regionally~~ an accredited ~~college or university~~ institution and hold a license issued by the State Board of Education with a teaching endorsement in a target language.

2. Completed an approved teacher preparation program in dual language (target language) preK-6 add-on endorsement or completed the following:

a. Three semester hours in curriculum for dual language design and assessment;

b. Passed the rigorous elementary education assessment prescribed by the State Board of Education or completed the following coursework:

(1) Mathematics: nine semester hours in mathematics that must include methods of teaching elementary mathematics;

(2) Laboratory sciences (in two science disciplines): nine semester hours that must include methods of teaching elementary science; and

(3) History and social sciences: three semester hours in United States history; three semester hours in geography, economics, or United States or comparative government; three semester hours in methods of teaching elementary history and social sciences; and

c. A 45-clock-hour practicum in dual language (target language) from ~~a regionally~~ an accredited ~~college or university~~ institution. One year of successful, full-time teaching experience in a public school or accredited nonpublic school in dual language (target language) may be accepted in lieu of the practicum. The experience may be completed under a Provisional License.

8VAC20-650-30. Virginia Teaching Scholarship Loan Program requirements and selection procedures.

A. Annually, the teacher preparation institutions in Virginia that have approved teacher preparation programs shall be invited to nominate individuals to receive loans through the Virginia Teaching Scholarship Loan Program subject to available appropriations.

B. The Virginia Teaching Scholarship Loan Program shall consist of scholarships awarded annually to teacher candidates, including graduate students and paraprofessionals from Virginia school divisions at ~~a regionally~~ an accredited public or private four-year institution of higher education in the Commonwealth, who (i) are enrolled full time or part time in an approved teacher education program or are participants in another approved teacher education program; (ii) have maintained a cumulative grade point average of at least 2.7 on a 4.0 scale or its equivalent; and (iii) are nominated for such scholarship by the institution where they are enrolled. In addition, the candidates must meet one or more of the following criteria: (a) be enrolled in a program leading to an endorsement in a critical shortage area as established by the Board of Education; (b) be a male teacher candidate in an elementary or middle school education program; (c) be a minority teacher candidate enrolled in any teacher endorsement area; or (d) be a student in an approved teacher education program leading to an endorsement in career and technical education.

C. A selection panel appointed by the Superintendent of Public Instruction may be convened if the number of Teacher Education Program recommendations for scholarships exceed the appropriations. The panel shall select recipients for the teaching scholarship loan from the eligible applicants. Efforts should be made to have an appropriate distribution of scholarships among the identified critical teacher shortage areas.

TITLE 8. EDUCATION

STATE BOARD OF EDUCATION

Fast-Track Regulation

Titles of Regulations: 8VAC20-310. Rules Governing Instructions Concerning Drugs and Substance Abuse (repealing 8VAC20-310-10).

8VAC20-720. Regulations Governing Local School Boards and School Divisions (adding 8VAC20-720-200).

Statutory Authority: §§ 22.1-16 and 22.1-206 of the Code of Virginia.

Public Hearing Information: No public hearing is currently scheduled.

Public Comment Deadline: December 17, 2025.

Effective Date: January 1, 2026.

Agency Contact: Jim Chapman, Director of Board Relations, Department of Education, James Monroe Building, 101 North 14th Street, 25th Floor, Richmond, VA 23219, telephone (804) 750-8750, or email jim.chapman@doe.virginia.gov.

Basis: Section 22.1-16 of the Code of Virginia authorizes the State Board of Education to promulgate regulations necessary to carry out its powers and duties and the provisions of Title 22.1 of the Code of Virginia. Section 22.1-206 of the Code of the Virginia requires the board to prescribe the instruction concerning drugs and drug abuse to be provided by the public schools.

Purpose: This action is essential to protect the health, safety, and welfare of citizens because it updates the language to reflect current practice and clarifies the purpose and scope of drug and substance abuse programs in public schools. Additionally, the action places material relevant to local school boards and school divisions in the same chapter, which enhances clarity and ease-of-use.

Rationale for Using Fast-Track Rulemaking Process: This action is expected to be noncontroversial and therefore appropriate for the fast-track rulemaking process because it does not change underlying board policy; it moves provisions from 8VAC20-310 to 8VAC20-720 and updates language to eliminate unnecessary provisions, enhance clarity, and use terminology that is current among practitioners.

Substance: The amendments (i) repeal Rules Governing Instructions Concerning Drugs and Substance Abuse (8VAC20-310) and (ii) move essential provisions into a new section, 8VAC20-720-200.

Issues: The primary advantages to the public are that the action (i) consolidates 8VAC20-310 with 8VAC20-720, which will allow the regulated community, government officials, and the public to identify pertinent and related regulatory matters and (ii) replaces outdated terminology with updated terms and adds language that clarifies the scope and purpose of the text. The primary advantage to the Commonwealth and agency is that the action streamlines and enhances the ease-of-use of the requirements relevant to local school boards and divisions. Additionally, the regulatory change removes potentially confusing language and outdated terminology in favor of current terms used by practitioners. There are no disadvantages.

Department of Planning and Budget Economic Impact Analysis:

The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Code of Virginia and Executive Order 19. The analysis presented represents DPB's best estimate of the potential economic impacts as of the date of this analysis.¹

Summary of the Proposed Amendments to Regulation. As a result of a 2024 periodic review,² the State Board of Education (board) is proposing to repeal the Rules Governing Instructions Concerning Drugs and Substance Abuse (8VAC20-310) in its entirety and move its contents to the Regulations Governing Local School Boards and School Divisions (8VAC20-720). Although the language would be amended to enhance clarity and update the terminology, the regulatory requirements would not be changed.

Background. The Rules Governing Instructions Concerning Drugs and Substance Abuse (8VAC20-310) currently consists of one section about one-half page in length, titled Health education program, that has six requirements for public schools of the Commonwealth. These requirements are described in broad terms, rather than naming specific topic areas or establishing a required number of hours of instruction. For example, the requirements include, establish and maintain a realistic, meaningful substance abuse prevention and education program that shall be developed and incorporated in the total education program and create a climate whereby students may seek and receive counseling about substance abuse and related programs without fear of reprisal. The board reports that this regulation has not been amended since it was first promulgated in 1980. The board proposes moving these requirements to a new section in the Regulations Governing Local School Boards and School Divisions (8VAC20-720). The new section would be titled, Drug and Substance Abuse Program and have five broad requirements. The current requirement that public schools shall, Be concerned with education and prevention in all areas of substance use and abuse was considered vague and unnecessary, and would therefore be removed. All other requirements would be preserved with stylistic changes for greater clarity and updated terminology that reflects current practice. For example, the requirement mentioned previously to, establish and maintain a realistic, meaningful substance abuse prevention and education program would now be expressed as, develop and integrate a practical, impactful substance misuse prevention and education program throughout the health education instruction. It should be noted that the proposed language does not add any specific requirements in terms of topic areas or hours of instruction. The Department of Education has confirmed that the proposed changes would not have any practical impact on instruction or programming in public schools.

Estimated Benefits and Costs. Moving this section to 8VAC20-720 is not expected to have any practical impact on schools, staff, or students and families. Future readers of 8VAC20-720 may benefit if the proposed changes inform them of the requirements for drug and substance abuse programs in public schools to the extent that they would not otherwise have become aware of such requirements.

Businesses and Other Entities Affected. The requirement pertains to the 131 school divisions in the Commonwealth. The proposal would not have any disproportional impact on any entity. The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.³ An adverse impact is indicated if there is any increase in net cost or reduction in net benefit for any entity, even if the benefits exceed the costs for all entities combined.⁴ As the proposal neither increases cost nor reduces benefit, no adverse impact is indicated.

Small Businesses⁵ Affected.⁶ The proposal does not adversely affect small businesses.

Localities⁷ Affected.⁸ The proposal neither disproportionally affects particular localities nor affects costs for local governments.

Projected Impact on Employment. The proposal does not affect employment.

Effects on the Use and Value of Private Property. The proposal affects neither the use and value of private property nor costs related to the development of real estate.

_____________________________

¹ Section 2.2-4007.04 of the Code of Virginia requires that such economic impact analyses determine the public benefits and costs of the proposed amendments. Further the analysis should include but not be limited to: (1) the projected number of businesses or other entities to whom the proposed regulatory action would apply, (2) the identity of any localities and types of businesses or other entities particularly affected, (3) the projected number of persons and employment positions to be affected, (4) the projected costs to affected businesses or entities to implement or comply with the regulation, and (5) the impact on the use and value of private property.

² See https://townhall.virginia.gov/L/ViewPReview.cfm?PRid=2526..

³ Pursuant to § 2.2-4007.04 D: In the event this economic impact analysis reveals that the proposed regulation would have an adverse economic impact on businesses or would impose a significant adverse economic impact on a locality, business, or entity particularly affected, the Department of Planning and Budget shall advise the Joint Commission on Administrative Rules, the House Committee on Appropriations, and the Senate Committee on Finance. Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation.

⁴ Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation. As a result, DPB has adopted a definition of adverse impact that assesses changes in net costs and benefits for each affected Virginia entity that directly results from discretionary changes to the regulation.

⁵ Pursuant to § 2.2-4007.04, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million."

⁶ If the proposed regulatory action may have an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include: (1) an identification and estimate of the number of small businesses subject to the proposed regulation, (2) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the proposed regulation, including the type of professional skills necessary for preparing required reports and other documents, (3) a statement of the probable effect of the proposed regulation on affected small businesses, and (4) a description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation. Additionally, pursuant to § 2.2-4007.1 of the Code of Virginia, if there is a finding that a proposed regulation may have an adverse impact on small business, the Joint Commission on Administrative Rules shall be notified.

⁷ "Locality" can refer to either local governments or the locations in the Commonwealth where the activities relevant to the regulatory change are most likely to occur.

⁸ Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

Agency Response to the Economic Impact Analysis: The State Board of Education thanks the Department of Planning and Budget for its thorough economic impact analysis.

Summary:

The amendments (i) repeal Rules Governing Instructions Concerning Drugs and Substance Abuse (8VAC20-310) and (ii) move essential provisions into a new section, 8VAC20-720-200.

8VAC20-720-200. Drug and substance abuse program.

Public schools of the Commonwealth shall:

1. Develop and integrate a practical, impactful substance misuse prevention and education program throughout the health education instruction.

2. Implement professional development on substance misuse prevention for all staff members.

3. Collaborate with authorized governmental and private organizations dedicated to student health and substance misuse prevention.

4. Foster and support student-led initiatives and groups that promote positive peer influence in substance misuse prevention.

5. Create a positive climate whereby students may seek and receive counseling about substance abuse and related problems.

TITLE 8. EDUCATION

STATE BOARD OF EDUCATION

Fast-Track Regulation

Title of Regulation: 8VAC20-340. Regulations Governing Driver Education (amending 8VAC20-340-10).

Statutory Authority: §§ 22.1-16 and 22.1-205 of the Code of Virginia.

Public Hearing Information: No public hearing is currently scheduled.

Public Comment Deadline: December 17, 2025.

Effective Date: January 1, 2026.

Agency Contact: Jim Chapman, Director of Board Relations, Department of Education, James Monroe Building, 101 North 14th Street, 25th Floor, Richmond, VA 23219, telephone (804) 750-8750, or email jim.chapman@doe.virginia.gov.

Basis: Section 22.1-16 of the Code of Virginia authorizes the State Board of Education to promulgate regulations necessary to carry out its powers and duties and the provisions of Title 22.1 of the Code of Virginia. Section 22.1-205 of the Code of Virginia specifically directs the board to establish a standardized program of driver education in the safe operation of motor vehicles.

Purpose: This action is essential to protect the health, safety, and welfare of citizens because it ensures that the regulations governing driver education conform to the Code of Virginia and are aligned with processes currently in use at the Virginia Department of Motor Vehicles (DMV).

Rationale for Using Fast-Track Rulemaking Process: This action is expected to be noncontroversial and therefore appropriate for the fast-track rulemaking process because it brings the chapter into conformance with current statutory language and brings the board's regulations into alignment with processes and terminology utilized by DMV.

Substance: The amendments (i) update language to reflect the 180-day temporary driver's license currently issued by DMV to students who successfully complete the standardized end-of-course road skills assessment and (ii) add the 90-minute parent-student driver education component as part of the classroom portion of the driver education curriculum as required by § 22.1-205 of the Code of Virginia.

Issues: The primary advantage to both the public and the Commonwealth is that the section will conform to statute and be consistent with processes at DMV. There are no disadvantages to the public or Commonwealth.

Department of Planning and Budget Economic Impact Analysis:

The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Code of Virginia and Executive Order 19. The analysis presented represents DPB's best estimate of the potential economic impacts as of the date of this analysis.¹

Summary of the Proposed Amendments to Regulation. As a result of a 2024 periodic review² and changes to the Code of Virginia in 2009 and 2022, the State Board of Education (board) proposes to update the regulatory text to reflect (i) the 90-minute parent-student driver education component as part of the classroom portion of the driver education curriculum as required by § 22.1-205 of the Code of Virginia and (ii) the 180-day temporary driver's license currently issued by schools to students who successfully complete the standardized end-of-course road skills assessment.

Background. Chapter 785 of the 2009 Acts of General Assembly³ required the board to include an additional minimum 90-minute parent-student driver education component as part of the classroom portion of its driver education program in Planning District 8 (Northern Virginia) and later Chapter 708 of the 2022 Acts of General Assembly⁴ expanded this requirement state wide. However, the current text of the regulation is silent with respect to the mandated 90-minute education component. While this component has been implemented in practice based on the legislative mandates, the text of the regulation does not include it. Additionally, the current text of the regulation incorrectly refers to the 180-day temporary license issued by schools following successful completion of a standardized end-of-course road skills assessment as a 90-day provisional license. In this action, the board proposes to update the regulatory text to conform to the Code of Virginia as amended in 2009 and 2022; and to correctly refer to the 180-day temporary license.

Estimated Benefits and Costs. One of the proposed changes would add the legislatively mandated 90-minute parent-student driver education component and the other change would correct an incorrect reference to the 180-day temporary license issued by schools following successful completion of a standardized end-of-course road skills assessment. Neither one of the proposed changes would have any impact on current DOE or school practices. Thus, no significant economic impact is expected other than eliminating potential confusion for the readers of the regulation.

Businesses and Other Entities Affected. According to the Department of Education, 338 high schools or centers and 15 non-public schools are approved by the board to offer driver education. No driver education program appears to be disproportionately affected. The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.⁵ An adverse impact is indicated if there is any increase in net cost or reduction in net benefit for any entity, even if the benefits exceed the costs for all entities combined.⁶ The proposed changes would update the text of the regulation without changing current practices. Thus, no adverse impact is indicated.

Small Businesses⁷ Affected.⁸ The proposed amendments do not adversely affect small businesses.

Localities⁹ Affected.¹⁰ The proposed amendments do not introduce costs for localities and do not particularly affect any locality more than others.

Projected Impact on Employment. The proposed changes to the regulatory text would not affect employment.

Effects on the Use and Value of Private Property. No effects on the use and value of private property nor on real estate development costs are expected on account of this proposal to update the regulatory text.

_____________________________

¹ Section 2.2-4007.04 of the Code of Virginia requires that such economic impact analyses determine the public benefits and costs of the proposed amendments. Further the analysis should include but not be limited to: (1) the projected number of businesses or other entities to whom the proposed regulatory action would apply, (2) the identity of any localities and types of businesses or other entities particularly affected, (3) the projected number of persons and employment positions to be affected, (4) the projected costs to affected businesses or entities to implement or comply with the regulation, and (5) the impact on the use and value of private property.

² https://townhall.virginia.gov/L/ViewPReview.cfm?PRid=2557.

³ https://legacylis.virginia.gov/cgi-bin/legp604.exe?091+ful+CHAP0785.

⁴ https://legacylis.virginia.gov/cgi-bin/legp604.exe?221+ful+CHAP0708.

⁵ Pursuant to § 2.2-4007.04 D: In the event this economic impact analysis reveals that the proposed regulation would have an adverse economic impact on businesses or would impose a significant adverse economic impact on a locality, business, or entity particularly affected, the Department of Planning and Budget shall advise the Joint Commission on Administrative Rules, the House Committee on Appropriations, and the Senate Committee on Finance. Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation.

⁶ Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation. As a result, DPB has adopted a definition of adverse impact that assesses changes in net costs and benefits for each affected Virginia entity that directly results from discretionary changes to the regulation.

⁷ Pursuant to § 2.2-4007.04, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million."

⁸ If the proposed regulatory action may have an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include: (1) an identification and estimate of the number of small businesses subject to the proposed regulation, (2) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the proposed regulation, including the type of professional skills necessary for preparing required reports and other documents, (3) a statement of the probable effect of the proposed regulation on affected small businesses, and (4) a description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation. Additionally, pursuant to § 2.2-4007.1 of the Code of Virginia, if there is a finding that a proposed regulation may have an adverse impact on small business, the Joint Commission on Administrative Rules shall be notified.

⁹ "Locality" can refer to either local governments or the locations in the Commonwealth where the activities relevant to the regulatory change are most likely to occur.

¹⁰ Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

Agency Response to the Economic Impact Analysis: The State Board of Education thanks the Department of Planning and Budget for its thorough economic impact analysis.

Summary:

The amendments update language to reflect (i) the 180-day temporary driver's license currently issued by the Virginia Department of Motor Vehicles to students who successfully complete the standardized end-of-course road skills assessment and (ii) the 90-minute parent-student driver education component of the classroom portion of the driver education curriculum as required by § 22.1-205 of the Code of Virginia.

8VAC20-340-10. Driver education program.

A. In accordance with provisions of the National Highway Safety Act of 1966 (23 USC § 401 et seq.) and § 46.2-334 of the Code of Virginia, local school boards shall determine whether to offer a driver education program, and, if offered, whether it will be elective or required. School divisions offering programs that comply with the standardized program of study and regulations established by the Board of Education and the provisions of § 22.1-205 of the Code of Virginia are entitled to participate in the distribution of state funds for driver education.

B. A state-approved driver education program consists of a minimum of 36 periods of classroom instruction and 14 periods of in-car instruction and an additional minimum 90-minute parent-student driver education component as part of the classroom portion of the driver education curriculum. The standardized driver education program established by the Board of Education requires that:

1. Classroom and in-car instruction shall follow the standardized program of study.

2. Local programs shall have the option that classroom driver education may be taught in lieu of 36 class periods of health education or as an elective course.

3. Superintendents and heads of private schools must seek program approval from the Department of Education prior to providing instruction and certify that the proposed program meets all state-approved program requirements.

4. The length of a class period must be a minimum of 50 minutes.

5. Students must drive a minimum of 50 miles during the in-car phase of instruction.

6. In-car instruction must be limited to no more than two periods of instruction in any 24-hour period, of which at least one must be actual driving.

7. No more than four periods of actual driving and four periods of observation on a multiple-car-range can count towards the 14-period in-car requirement.

8. Combination, on-street, simulation, and multiple-car-range programs must provide at least six periods of on-street driving and observation, four periods of multiple-car-range driving and observation, and eight periods of simulation.

9. Only fees approved by the Board of Education shall be collected for the laboratory phase of driver education pursuant to the Appropriation Act.

10. Public or private schools must submit each classroom and in-car driver education ~~teachers' driver~~ teacher's driver's license information for driver record monitoring as required by § 46.2-340 of the Code of Virginia.

11. Local school boards must develop written policies concerning initial or continued employment of classroom and in-car teachers who receive excessive demerit points on their driving record.

12. Public and private schools must provide the Department of Education with the previous year's program data to calculate in-car basic aid reimbursement and to monitor program compliance.

13. Classroom and laboratory phases of the program must be offered concurrently at the same school, or allow only a limited amount of time to elapse between classroom completion and laboratory instruction.

14. Students who have not successfully completed the classroom phase at one school cannot begin in-car instruction at another school.

15. Successful completion of a standardized end-of-course road skills assessment must be achieved prior to the school issuing a ~~90-day provisional~~ 180-day temporary license.

TITLE 8. EDUCATION

STATE BOARD OF EDUCATION

Fast-Track Regulation

Title of Regulation: 8VAC20-360. Regulations Governing General Educational Development Certificates (repealing 8VAC20-360-10, 8VAC20-360-20).

Statutory Authority: § 22.1-16 of the Code of Virginia.

Public Hearing Information: No public hearing is currently scheduled.

Public Comment Deadline: December 17, 2025.

Effective Date: January 1, 2026.

Agency Contact: Jim Chapman, Director of Board Relations, Department of Education, James Monroe Building, 101 North 14th Street, 25th Floor, Richmond, VA 23219, telephone (804) 750-8750, or email jim.chapman@doe.virginia.gov.

Basis: Section 22.1-16 of the Code of Virginia authorizes the State Board of Education to promulgate regulations necessary to carry out its powers and duties and the provisions of Title 22.1 of the Code of Virginia.

Purpose: The regulation is being repealed as it is no longer necessary for the protection of public health, safety, and welfare because it has been replaced by the regular no-cost procurement process.

Rationale for Using Fast-Track Rulemaking Process: This rulemaking is expected to be noncontroversial and therefore appropriate for the fast-track rulemaking process because the repealed provisions have been replaced by the regular no-cost procurement process, which ensures that the approved assessments and testing protocols remain compliant with board guidance and the credential retains its rigorous value.

Substance: The action repeals Regulations Governing General Educational Development Certificates (8VAC20-360), which is obsolete.

Issues: The primary advantage to both the public and the Commonwealth is that unnecessary and outdated regulatory requirements will be removed. There are no disadvantages.

Department of Planning and Budget Economic Impact Analysis:

The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Code of Virginia and Executive Order 19. The analysis presented represents DPB's best estimate of the potential economic impacts as of the date of this analysis.¹

Summary of the Proposed Amendments to Regulation. As a result of a periodic review,² the State Board of Education (board) proposes to repeal obsolete criteria regarding eligibility and retesting for General Educational Development (GED) certificates.

Background. Chapter 84 of the 2014 Acts of General Assembly³ replaced references in the Code of Virginia to the GED program or test with the phrase, a high school equivalency examination approved by the Board of Education. According to the Department of Education (DOE), the language was changed in recognition of other high school equivalency options that became available and could potentially be approved for administration in Virginia. Further, following the enactment of Chapter 84, DOE has started using a no-cost procurement process (since 2015) to recognize high school equivalency assessments that meet board guidelines and has been following the board approved publisher policies that address the testing parameters and retake policies. In essence, DOE states that the change to the statute and the adoption of the no-cost procurement process have rendered the current regulatory language regarding the criteria on eligibility and retesting for GED certificates obsolete. In this action, the Board proposes to repeal the related language in the text of the regulation.

Estimated Benefits and Costs. The proposal would repeal obsolete language regarding eligibility and retesting for GED certificates without having any impact on current testing practices. Thus, no significant economic impact is expected other than eliminating potential confusion for the readers of the regulation.

Businesses and Other Entities Affected. The proposed amendments would not affect any entity other than the readers of the regulation. The proposal would not have any disproportional impact on any entity. The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.⁴ An adverse impact is indicated if there is any increase in net cost or reduction in net benefit for any entity, even if the benefits exceed the costs for all entities combined.⁵ No adverse impact is indicated as there is no increase in net cost or reduction in net benefit for any entity.

Small Businesses⁶ Affected.⁷ The proposed amendments do not adversely affect small businesses.

Localities⁸ Affected.⁹ The proposed amendments do not introduce costs for localities.

Projected Impact on Employment. No impact on employment is expected.

Effects on the Use and Value of Private Property. No effects on the use and value of private property nor on real estate development costs are expected.

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¹ Section 2.2-4007.04 of the Code of Virginia requires that such economic impact analyses determine the public benefits and costs of the proposed amendments. Further the analysis should include but not be limited to: (1) the projected number of businesses or other entities to whom the proposed regulatory action would apply, (2) the identity of any localities and types of businesses or other entities particularly affected, (3) the projected number of persons and employment positions to be affected, (4) the projected costs to affected businesses or entities to implement or comply with the regulation, and (5) the impact on the use and value of private property.

² https://townhall.virginia.gov/L/ViewPReview.cfm?PRid=2528.

³ https://legacylis.virginia.gov/cgi-bin/legp604.exe?141+ful+CHAP0084.

⁴ Pursuant to § 2.2-4007.04 D: In the event this economic impact analysis reveals that the proposed regulation would have an adverse economic impact on businesses or would impose a significant adverse economic impact on a locality, business, or entity particularly affected, the Department of Planning and Budget shall advise the Joint Commission on Administrative Rules, the House Committee on Appropriations, and the Senate Committee on Finance. Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation.

⁵ Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation. As a result, DPB has adopted a definition of adverse impact that assesses changes in net costs and benefits for each affected Virginia entity that directly results from discretionary changes to the regulation.

⁶ Pursuant to § 2.2-4007.04, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million."

⁷ If the proposed regulatory action may have an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include: (1) an identification and estimate of the number of small businesses subject to the proposed regulation, (2) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the proposed regulation, including the type of professional skills necessary for preparing required reports and other documents, (3) a statement of the probable effect of the proposed regulation on affected small businesses, and (4) a description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation. Additionally, pursuant to § 2.2-4007.1 of the Code of Virginia, if there is a finding that a proposed regulation may have an adverse impact on small business, the Joint Commission on Administrative Rules shall be notified.

⁸ "Locality" can refer to either local governments or the locations in the Commonwealth where the activities relevant to the regulatory change are most likely to occur.

⁹ Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

Agency Response to the Economic Impact Analysis: The State Board of Education thanks the Department of Planning and Budget for its thorough economic impact analysis.

Summary:

The action repeals Regulations Governing General Educational Development Certificates (8VAC20-360), which contains obsolete criteria regarding eligibility and retesting for General Educational Development (GED) certificates.

TITLE 8. EDUCATION

STATE BOARD OF EDUCATION

Fast-Track Regulation

Title of Regulation: 8VAC20-390. Rules Governing Division Superintendent of Schools (repealing 8VAC20-390-10).

Statutory Authority: §§ 22.1-59, 22.1-60, and 22.1-70 of the Code of Virginia.

Public Hearing Information: No public hearing is currently scheduled.

Public Comment Deadline: December 17, 2025.

Effective Date: January 1, 2026.

Agency Contact: Jim Chapman, Director of Board Relations, Department of Education, James Monroe Building, 101 North 14th Street, 25th Floor, Richmond, VA 23219, telephone (804) 750-8750, or email jim.chapman@doe.virginia.gov.

Basis: Section 22.1-16 of the Code of Virginia authorizes the State Board of Education to promulgate regulations necessary to carry out its powers and duties and the provisions of Title 22.1 of the Code of Virginia. Section 22.1-59 of the Code of Virginia requires the board to prescribe by regulation the minimum qualifications for the position of division superintendent of schools. Section 22.1-60 of the Code of Virginia requires, in part, that the division superintendent of schools be appointed by the school board of the division from the entire list of eligible candidates certified by the board. Section 22.1-70 of the Code of Virginia requires the division superintendent to perform such other duties as may be prescribed by law, by the school board, and by the board.

Purpose: The purpose of this action is to remove language in 8VAC20-390 that conflicts with 8VAC20-23. This change is essential to protect the health, safety, and welfare of citizens because it removes conflicting requirements found in 8VAC20-390.

Rationale for Using Fast-Track Rulemaking Process: This action is expected to be noncontroversial and therefore appropriate for the fast-track rulemaking process because it removes incorrect information and resolves the conflict between 8VAC20-390-10 and 8VAC20-23-630 in favor of current, widely used requirements.

Substance: This action repeals 8VAC20-390-10, which conflicts with 8VAC20-23-630, to resolve the conflict between the two regulatory chapters.

Issues: The primary advantage to the public is that the action will remove inaccurate information and resolve conflicting requirements. The primary advantage to the agency and the Commonwealth is that conflicting requirements will be removed, and the accurate requirements will be clear.

Department of Planning and Budget Economic Impact Analysis:

The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Code of Virginia and Executive Order 19. The analysis presented represents DPB's best estimate of the potential economic impacts as of the date of this analysis.¹

Summary of the Proposed Amendments to Regulation. The State Board of Education (board) proposes to repeal Qualifications from the Rules Governing Division Superintendent of Schools (8VAC20-390).

Background. 8VAC20-23-630 includes the requirements to be a division superintendent. 8VAC20-23-630 was first made effective August 23, 2018, and was subsequently amended on July 10, 2019, and October 24, 2024. 8VAC20-23-630 and 8VAC20-390-10 conflict. According to the Department of Education, in practice 8VAC20-23-630 has been used for division superintendent requirements or qualifications. Thus, to resolve the conflict, the board proposes to repeal 8VAC20-390-10.

Estimated Benefits and Costs. Since in practice, 8VAC20-23-630 has been used for division superintendent requirements/qualifications, repealing would have no impact beyond eliminating potential confusion about the requirements that apply.

Businesses and Other Entities Affected. The proposal pertains to the 131 school divisions in the Commonwealth and division superintendent candidates. The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.² An adverse impact is indicated if there is any increase in net cost or reduction in net benefit for any entity, even if the benefits exceed the costs for all entities combined.³ As the proposal neither increases cost nor reduces benefit, no adverse impact is indicated.

Small Businesses⁴ Affected.⁵ The proposal does not adversely affect small businesses.

Localities⁶ Affected.⁷ The proposal neither disproportionally affects particular localities nor affects costs for local governments.

Projected Impact on Employment. The proposal does not affect employment.

Effects on the Use and Value of Private Property. The proposal affects neither the use and value of private property nor costs related to the development of real estate.

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¹ Section 2.2-4007.04 of the Code of Virginia requires that such economic impact analyses determine the public benefits and costs of the proposed amendments. Further the analysis should include but not be limited to: (1) the projected number of businesses or other entities to whom the proposed regulatory action would apply, (2) the identity of any localities and types of businesses or other entities particularly affected, (3) the projected number of persons and employment positions to be affected, (4) the projected costs to affected businesses or entities to implement or comply with the regulation, and (5) the impact on the use and value of private property.

² Pursuant to § 2.2-4007.04 D: In the event this economic impact analysis reveals that the proposed regulation would have an adverse economic impact on businesses or would impose a significant adverse economic impact on a locality, business, or entity particularly affected, the Department of Planning and Budget shall advise the Joint Commission on Administrative Rules, the House Committee on Appropriations, and the Senate Committee on Finance. Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation.

³ Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation. As a result, DPB has adopted a definition of adverse impact that assesses changes in net costs and benefits for each affected Virginia entity that directly results from discretionary changes to the regulation.

⁴ Pursuant to § 2.2-4007.04, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million."

⁵ If the proposed regulatory action may have an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include: (1) an identification and estimate of the number of small businesses subject to the proposed regulation, (2) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the proposed regulation, including the type of professional skills necessary for preparing required reports and other documents, (3) a statement of the probable effect of the proposed regulation on affected small businesses, and (4) a description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation. Additionally, pursuant to § 2.2-4007.1 of the Code of Virginia, if there is a finding that a proposed regulation may have an adverse impact on small business, the Joint Commission on Administrative Rules shall be notified.

⁶ "Locality" can refer to either local governments or the locations in the Commonwealth where the activities relevant to the regulatory change are most likely to occur.

⁷ Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

Agency Response to the Economic Impact Analysis: The State Board of Education thanks the Department of Planning and Budget for its thorough economic impact analysis.

Summary:

The action repeals 8VAC20-390-10, which conflicts with 8VAC20-23-630 regarding qualifications of division superintendent candidates.

8VAC20-390-10. ~~~~Qualifications~~.~~ (Repealed.)

Division superintendents of county, town, and city school systems are required by law to be appointed from a list of eligible persons approved by the State Board of Education. To be placed on the list of eligibles, applicants must meet the following qualifications:

~~1. Personal qualities. Eligibility shall be limited to individuals whose records attest to good character and demonstrated ability as an educational administrator.~~

2. Education. The applicant shall have earned 60 semester hours of graduate work from an institution of higher learning accredited by the state accrediting agency and shall hold the Master's degree or be pursuing a doctoral program approved by any such accredited institution.

The applicant shall have completed graduate work in the following areas: history or philosophy of education, courses designed to develop competence in supervision and curriculum development, administration, finance, law, plant, personnel management or school-community relations, research, or statistical methods.

3. Experience. The applicant shall have had at least five years of satisfactory and full-time experience in administration or supervision, or both, in public schools.* This experience shall have been acquired in the principalships or positions, or both, within the central administrative offices of the school division. A maximum of two years of this requirement may be met through full-time experience in the assistant principalship. Certification as to whether the applicant has served satisfactorily in full-time positions of administration or supervision, or both, must be mailed directly to the Department of Education by the division superintendent.

4. Recency of professional education or experience, or both, and status report. A portion of either professional education or experience, or both, shall have been within a period of four years immediately prior to the application. An individual not serving as a division superintendent is required to complete a status report every four years. The report should include current information about the individual, such as current position, professional growth activities, and other pertinent data. The Department of Education will request the status report early in the school year prior to commencement of the new term for the division superintendents.

~~5. Conditions. Superintendents in office in Virginia as of November 1, 1967, shall not be required to meet these qualifications as long as they serve continuously in such positions in the state.~~

Persons on the eligible list as of November 1, 1967, who did not meet the education requirement effective that day shall submit to the department official transcripts of graduate work in support of at least six semester hours beyond the master's degree each two years thereafter until such time as they meet the new academic requirement. Any person who does not comply with this requirement will be removed from the eligible list.

*Comparable experience in accredited private schools or other educational systems may be accepted upon the recommendation of the Superintendent of Public Instruction and the approval of the Board of Education.